Aim of the course is to provide the students the basics of the school law, taking into account the following topics to be in-depth analyzed: the legal sources; the rights and duties of the teacher in the kindergarten and in the elementary school; the legal status of the teacher; the administrations involved and their respective functional competences (Municipalities, Health Agencies, Trade Unions, etc.); the multilevel school system: from the State to the Regions, from European bodies to international institutions; the main Courts judgments and the analysis of the most important case studies.
- Knowledge and understanding:
to define and identify the epistemological and methodological field of the discipline;
to know the public authorities system in the national, European and international context.
- Applying knowledge and understanding:
to analyze the administrative tools aimed to satisfy individual and group educational needs;
to examine in the specific context the legislative and organizational processes.
- Making judgements:
to apply the theoretical precepts to the concrete solutions supplied by the political decision maker;
to evaluate regulatory innovations.
- Communication skills:
to use communication strategies in social and professional contexts;
to develop the competence in finding personalized solutions according to the specific questions.
- Learning skills:
to put in practice the aptitude for empirical research in working contexts;
to lead the carrying out of scientific studies in the search for solutions to concrete problems, with particular reference to families, schools and various services of the integrated educational system.
- Knowledge and understanding:
to define and identify the epistemological and methodological field of the discipline;
to know the public authorities system in the national, European and international context.
- Applying knowledge and understanding:
to analyze the administrative tools aimed to satisfy individual and group educational needs;
to examine in the specific context the legislative and organizational processes.
- Making judgements:
to apply the theoretical precepts to the concrete solutions supplied by the political decision maker;
to evaluate regulatory innovations.
- Communication skills:
to use communication strategies in social and professional contexts;
to develop the competence in finding personalized solutions according to the specific questions.
- Learning skills:
to put in practice the aptitude for empirical research in working contexts;
to lead the carrying out of scientific studies in the search for solutions to concrete problems, with particular reference to families, schools and various services of the integrated educational system.
scheda docente
materiale didattico
Introduction to school law - History of school law - The right to education at International and European level - The right to education according to the Italian legal order - The school system in the Constitution - The school organization - The education of disabled people - The school staff - The legal status of teachers - School managers - Teacher responsibilities (civil, criminal, administrative liability) - School inclusion - The so-called reform of the good school - Education, new technologies and personal data protection
in addition
2) Lecture notes prepared by the professor.
Programma
Order, Law, State. The sources of law. Subjective legal situations. Freedom rights and social rights. The right to protection of personal data. The right to education in the multilevel system. The contents of the right to education. The right to education in the ECHR. Italy and the European Union. The organization of public authorities. The division of responsibilities between the State and the Regions. Territorial autonomies and the rules of administrative action. The right to be educated according to the constitutional jurisprudence. Private schools in the Constitution. The relationships between politics and administration. Principles and rules of administrative proceedings. Public administration documents. The right of access to administrative documents. Public services. Public evidence procedures. The administrative and jurisdictional protection of rights and interests. The financing of social spending. School dropout. THE LEPS. School and disability: from integration to inclusion. The PEI. The responsibilities of teachers and the school director. Equality and support for individual needs: DSA and BESIntroduction to school law - History of school law - The right to education at International and European level - The right to education according to the Italian legal order - The school system in the Constitution - The school organization - The education of disabled people - The school staff - The legal status of teachers - School managers - Teacher responsibilities (civil, criminal, administrative liability) - School inclusion - The so-called reform of the good school - Education, new technologies and personal data protection
Testi Adottati
1) M. Falanga, Diritto Scolastico. Analisi e profili, Scholé, Brescia, 2020;in addition
2) Lecture notes prepared by the professor.
Modalità Erogazione
Lectures will be held in presenceModalità Frequenza
Attendance is recommendedModalità Valutazione
Oral exam at the end of the course, three questions for any candidate and mark based on reasoning and analysis ability regarding the various topics of the exam program