The right to education regardless of migration status
Let's start with what worries newly arrived parents the most: a child has the right to attend school in Italy even if their documents are not yet in order, their residence permit has expired, or an application is still pending. This is not a special concession or an exception — it is a guaranteed right, enshrined at multiple levels, from the Italian Constitution down to the specific legislation governing the education of foreign minors.
The key provision is Article 38 of the Consolidated Immigration Act (Testo Unico sull'Immigrazione, legislative decree no. 286 of 1998). It establishes that foreign minors present on Italian territory are subject to compulsory education on equal terms with Italian children. Compulsory education (istruzione obbligatoria) lasts ten years — roughly from age 6 to 16 — and applies to everyone without exception.
In practice, this means the following for a Ukrainian family or any other family from outside the EU:
- a school has no right to refuse enrollment because a permesso di soggiorno is missing or expired;
- the absence of residenza anagrafica (official registration with the municipality) is not grounds for refusal — actual residence at an address is sufficient;
- enrolling a child in school has no consequences whatsoever for the parents' migration status: the school does not pass data to the questura and is not a migration control body;
- the child gains access not only to lessons but to all educational services — grading, certificates, school meals, and subsidized textbooks.
For families under temporary protection (protezione temporanea) and for those who have only just filed their paperwork, this guarantee is especially important: a child should not have to wait for bureaucracy to be completed before starting school. Education and the migration process move forward in parallel.
Lawyer's tip. If a school tells you verbally that "without a permesso di soggiorno or without residenza we can't enroll the child," ask for a written refusal citing the legal provision. Usually the matter resolves itself instantly, because such a refusal cannot be justified in writing — it directly contradicts Article 38 of the Testo Unico.
Levels of the Italian school system: infanzia, primaria, secondaria
Before enrolling a child, it helps to understand the structure of the Italian education system, since a child's age determines both the school level and how mandatory enrollment actually is. Italian schooling is divided into several stages.
Scuola dell'infanzia (kindergarten, ages 3–6)
Scuola dell'infanzia is the equivalent of preschool for children aged three to six. It is not compulsory, but it plays a huge role in language adaptation: this is where a child naturally absorbs Italian even before compulsory education begins. Places are often scarcer than demand, so it's worth applying as early as possible and being aware of priority criteria (proximity to home, parents' employment, and so on).
Scuola primaria (primary school, ages 6–11)
Scuola primaria (formerly scuola elementare) covers five years of schooling starting at age six. This is the first compulsory level. A child who turns six by December 31 of the relevant year must be enrolled in first grade. This is where basic reading, writing and math skills are built, and where systematic study of Italian begins.
Scuola secondaria di primo grado (lower secondary school, ages 11–14)
Three years of schooling, formerly known as scuola media. This is a compulsory level, ending with a state exam (esame di Stato) at the end of the third year. For foreign children this is often the hardest period of adjustment, as workload increases and language demands become greater.
Scuola secondaria di secondo grado (upper secondary school, ages 14–19)
Upper secondary school lasts up to five years and is divided into academic high schools (licei), technical institutes (istituti tecnici) and vocational institutes (istituti professionali). Compulsory education covers the first two years of this level — meaning at least until age 16. The choice of school type shapes a student's future path, so it deserves careful consideration.
When to enroll a child: iscrizione deadlines
Italy has two different enrollment tracks, and it's important not to confuse them, since each requires a different way of applying.
Standard enrollment for a new school year
For children starting a school stage "from scratch" — moving into first grade of primaria, first grade of secondaria, and so on — there is a dedicated application window (iscrizioni). It typically opens in January for the school year that begins in September. The exact dates are announced each year by the Ministry of Education (Ministero dell'Istruzione e del Merito) through a specific decree. Missing this window is best avoided, although late enrollment is still possible if places remain available.
Enrollment during the school year (for those who have just arrived)
Here is the key point newly arrived families need to know: a foreign child can be enrolled in school at any point during the school year, not just during the January window. This is explicitly provided for in the rules governing the admission of foreign students. If you arrive, say, in November or March, you do not need to wait until September — you go straight to the school serving your area of residence.
A child is normally enrolled in the grade corresponding to their age. Placement one grade below is possible only as an exception, decided by the school's committee, when it is genuinely in the child's best interest. Placing a child two or more grades below their age is not allowed: the law protects a child's right to study alongside peers of the same age.
Lawyer's tip. Don't put off enrollment "until things settle down" — until documents are sorted or the language is learned. The sooner a child is immersed in the language environment, the faster adjustment happens. Delaying enrollment only prolongs the period without education and social contact, with no benefit whatsoever.
Which documents are needed for enrollment
In practice, the list of required documents is more flexible than it seems, precisely because the right to education cannot be made conditional on having a complete set of paperwork. Still, schools will generally ask for a basic set of documents, and it's better to prepare them in advance.
- An identity document for the child — a passport, birth certificate or other identifying document. If none is available, enrollment still proceeds based on information provided by the parents (this is called autocertificazione, or self-certification);
- An identity document for the parent submitting the application, or for the child's legal guardian;
- The child's codice fiscale — the tax code issued by the Agenzia delle Entrate. If it hasn't been obtained yet, the school usually helps arrange it, or accepts the application with it to follow later;
- Records of prior schooling — certificates, report cards, or letters from a school in Ukraine or another country (if available; more on recognition below);
- Vaccination records (certificato vaccinale) — in Italy, a number of vaccinations are mandatory for admission to scuola dell'infanzia. For compulsory levels (primaria and above), missing vaccinations do not block enrollment, but they trigger a notification to the local health authority (ASL).
It's worth stressing separately: the absence of any of these documents is not a lawful ground for refusing enrollment. The law explicitly allows a child to be enrolled on the basis of the parents' self-certification, with missing documents submitted later.
Translation and legalization of documents
Foreign school records (certificates, report cards) generally need translation into Italian for full recognition, and sometimes an apostille and a certificate of equivalence (dichiarazione di valore). However, none of this is required for the act of enrollment itself: the child is admitted, while formal recognition proceeds in parallel.
The iscrizione procedure: online and directly at school
How you submit the application depends on which enrollment track applies to your situation.
Online enrollment through the Ministry's portal
For the standard January window, enrollment follows a mandatory online procedure through the Ministero dell'Istruzione e del Merito portal. To use it, parents need a digital identity — SPID (the unified digital identity system) or CIE (electronic identity card). The steps are:
- log in to the enrollment portal using SPID or CIE;
- find the chosen school using its specific code (codice meccanografico), available on the school's website or through the "Scuola in Chiaro" service;
- fill in the online application with the child's and parents' details, and submit it;
- wait for confirmation from the school that the application has been accepted.
If you don't have SPID or find the portal difficult to use, the school's front office (segreteria) is required to help you submit the application. The online format should never become an obstacle for a family that has just arrived.
Enrollment directly at the school during the year
If you are enrolling a child during the school year, the online portal is not used. You go directly to the school serving your actual place of residence, speak to the segreteria, and submit a paper application. This is the route relevant for most newly arrived Ukrainian families. The school accepts the application, and a dedicated committee then determines the appropriate grade and, if needed, a language support plan.
Which school to choose
Formally, you have priority for enrollment in the school serving your catchment area (bacino di utenza), based on your place of residence. However, you can also apply to other schools — they will accept you if places are available. For families without residenza, the catchment is based on the actual address where they live, which does not take away the right to choose a school.
Recognition of schooling completed abroad
One of the most important questions for a child who has already spent several years in a Ukrainian school is: how will their prior education be recognized, and which grade will they be placed in?
In the Italian system, the decision on grade placement is made by a collegial school body (the collegio dei docenti, through its relevant committee), not by a single official. As a general rule, a child is placed in the grade corresponding to their age. But the committee also takes other factors into account to determine the best fit:
- the school system of the country of origin and the number of years of schooling completed;
- the child's results and skills, as documented or assessed through an interview;
- the child's level of Italian;
- the child's overall readiness for the curriculum of the chosen grade.
Importantly: the absence of certificates or report cards does not deprive a child of the right to enrollment. If documents are lost, remained in Ukraine, or haven't been translated, the committee can assess the child's level through an interview and short tests. Formal recognition of a foreign diploma is a separate procedure, which may require a dichiarazione di valore, but it does not hold up current schooling.
What to do if you disagree with the assigned grade
If a committee's grade decision seems unjustified — for example, the child was placed below their age without solid reasons — you have the right to raise this with school management and ask for a written explanation. The decision must be made in the child's best interest, and the law is on the student's side here.
Language support: italiano L2 and facilitatore
The biggest worry for parents is usually: "my child doesn't know Italian — how will they learn?" The Italian school system has built-in tools specifically for this, and not knowing the language is in no way an obstacle to enrollment.
Italiano L2 — Italian as a second language
Foreign students are provided with instruction in Italian as a second language (italiano L2). These are dedicated lessons, focused first on "everyday communication" (so the child can manage daily life and classroom basics) and later on "academic language" (so they can understand textbooks and more complex texts). These lessons can take place in small groups, separately from the main class, or as additional support alongside it.
Facilitatore linguistico — a language mediator
Many schools employ or bring in a facilitatore linguistico, a specialist in language and cultural adaptation. This person helps a child overcome the initial language barrier and sometimes acts as a go-between for communication between the school and the family. A number of regions and municipalities run projects and provide funding specifically for this kind of support for migrant children.
An individualized support plan
For a student who has just arrived and does not yet speak the language, a school can develop a personalized learning plan (piano didattico personalizzato). It temporarily adapts the curriculum and grading criteria to the child's actual level, so the first months don't become one long stretch of stress. Assessment during this initial period takes into account that the child is still acquiring the language and does not penalize them for language gaps.
- in the first year, the focus is on mastering the language rather than on formal grades;
- a child is not held back a year simply because of weak Italian;
- parents should stay in contact with the homeroom teacher and ask about L2 classes and language projects run by the municipality.
Experience shows that children pick up Italian far faster than adults, thanks to daily immersion in the environment. After a year to a year and a half, most children are already communicating comfortably with their peers.
Frequently asked questions
Can enrollment be refused for lack of a permesso di soggiorno?
No. Article 38 of the Testo Unico sull'Immigrazione guarantees foreign minors the right to compulsory education on equal terms with Italian children, regardless of whether a residence permit exists or is valid. Enrolling a child in school has no connection to the parents' migration status and is not reported to the questura.
We arrived mid-school-year — do we have to wait until September?
No. A foreign child can be enrolled in school at any point during the school year. You go directly to the segreteria of the school serving your area of residence and submit a paper application. The January online window applies only to standard enrollment for the following school year.
My child doesn't speak Italian. Which grade will they be placed in?
As a rule, the grade matching their age. The school committee takes prior schooling and preparation level into account, but a child cannot be placed several grades below their age. Not knowing the language is addressed through italiano L2 classes, support from a facilitatore linguistico, and an individualized learning plan for the initial period.
What if we don't have a codice fiscale or vaccination records?
These documents can be submitted after enrollment. The codice fiscale is issued by the Agenzia delle Entrate, and the school often helps arrange it. Missing vaccinations only block admission to scuola dell'infanzia; at compulsory levels the child is enrolled regardless, and the school notifies the local ASL.
Is public school free in Italy?
Tuition itself at a public school is free. Families cover only certain costs — a portion of textbooks (for lower and upper secondary school), school meals (mensa), and field trips. Low-income families can access discounts, fee waivers and municipal subsidies for textbooks and meals, so it's worth asking the municipality about these.
Enrolling a child in an Italian school is, above all, a matter of rights, not bureaucracy. The law stands on the child's side: they must be admitted regardless of documents, their parents' status, or their command of the language, and the system has the tools to support their adjustment. What matters most for parents is not to delay — reach out to the school right after arrival, and don't be afraid to ask for a written explanation if someone tries to turn you away.
Матеріал має інформаційний характер і не замінює юридичну консультацію.