DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), II/2021, p. 143 – 155
Abstract
Right to education of students with disabilities, school transport services and limits of horizontal
subsidiarity.
This law note analyses a recent decision (opinion 15 March 2021 No. 403) by the first Division of the
Council of State. Such a decision is remarkable, as it addresses a particularly important topic (school
transport services for students with disabilities), not only in theory, but also in practice, taking into account
the situation related to the Pandemic Covid-19, that has made even more severe the already difficult
situation (even at financial level) that public bodies (also the local ones) are facing.
The substantive issue to which the supreme administrative Court provides an answer concerns the proper
legal characterisation of school transport services, and namely whether they must be free of charge or,
instead, funded by students’ families.