SCHOOL LEGISLATION REGARDING DISABILITY

Knowledge and Understanding (DD1)

• To know and understand the theoretical models and methodological approaches derived from law in the context of inclusive education.
• To use appropriate legal terminology relating to inclusion.
• To know and understand the legal and regulatory instruments concerning the inclusion of persons with disabilities.

Applying Knowledge and Understanding (DD2)

• To apply the theoretical and methodological knowledge acquired to the interpretation of past, present and future events and processes.
• To observe and interpret different situations through the tools provided by the legal and regulatory framework.
• To apply the knowledge acquired in order to analyse and correctly use the legal and regulatory instruments aimed at promoting the inclusion of persons with disabilities in different educational settings.

Making Judgements (DD3)

• To synthesise the different legal and regulatory approaches used in governing the educational inclusion of persons with disabilities.
• To read, understand and interpret legal texts and documents relevant to inclusion in different educational and training contexts.

Communication Skills (DD4)

• To communicate the knowledge acquired using appropriate technical and specialist terminology.
• To communicate legal analyses and reflections concerning the inclusion of persons with disabilities.

Learning Skills (DD5)

• To acquire and understand the theoretical foundations of the law concerning the inclusion of persons with disabilities.
• To analyse and critically re-elaborate relevant legislative and case-law developments concerning the inclusion of persons with disabilities.
• To apply legal knowledge and the relevant regulatory instruments appropriately in different educational and training contexts. 

The course will consist of in-person lectures. The lecturer will also consider the possibility of organising dedicated seminars for further in-depth study.

Basic knowledge of the Italian legal system and the legal and regulatory instruments it provides.

Attendance at lectures is recommended but not compulsory.

The course aims to provide students with the fundamental legal knowledge required to understand the evolution and current framework of school legislation concerning disability, placing it within the broader context of the right to education and inclusive education processes.

Following an introductory section devoted to the foundations of school law, its historical development, the autonomy of educational institutions, and the organisation of the national education and training system, the course will examine the protection of persons with disabilities from an international, European Union and national perspective, with particular attention to constitutional principles and the evolution of legislation on inclusive education.

Specific attention will be devoted to the instruments through which the right to education and inclusion is effectively implemented, including the Individual Project, the Life Project, the Individualised Education Plan (IEP), and the Personalised Learning Plan (PLP). The course will also address issues relating to the role and responsibilities of teachers, considering their educational function, their duty of care and protection towards pupils, and their role within inclusive education processes.

The course is therefore designed not only to provide students with knowledge of the main legal and regulatory sources, but also to equip them with the tools needed to understand and apply the relevant legal principles in practical school contexts, fostering legal awareness of the teacher's role in building a genuinely inclusive school environment.

L. Buscema – R. Caridà – G. De Luca – R. Di Maria – A. Morelli – V. Pupo, Lineamenti di legislazione scolastica per l'inclusione, II ed., Giappichelli, Torino, 2024, ISBN 9791221107708.

The examination assessment will take particular account of the following criteria:

ability to present, discuss and synthesise the topics covered, using clear and appropriate language and making reference to specific legal sources;

completeness of the legal knowledge acquired;

commitment to independent study and further learning.

The aim of the examination is to assess the extent to which the learning outcomes outlined above have been achieved.

The examination will be graded on a 30-point scale, according to the following assessment criteria:

18–23: Satisfactory – Understanding and knowledge of the examination topics, appropriate use of terminology, clarity of presentation and critical thinking skills are acceptable.

24–26: Fair – Understanding and knowledge of the examination topics, appropriate use of terminology, clarity of presentation and critical thinking skills are more than satisfactory.

27–28: Good – Understanding and knowledge of the examination topics, appropriate use of terminology, clarity of presentation and critical thinking skills are satisfactory.

29–30: Very Good – Understanding and knowledge of the examination topics, appropriate use of terminology, clarity of presentation and critical thinking skills are fully satisfactory.

30 with honours: Excellent – Understanding and knowledge of the examination topics, appropriate use of terminology, clarity of presentation and critical thinking skills are excellent.

1.      School autonomy in the Italian legal system.

2.      The right to education of persons with disabilities.

3.      The constitutional protection of persons with disabilities.

4.      The UN Convention on the Rights of Persons with Disabilities.

5.      The Individualised Education Plan (IEP).

6.      The Individual Project and the Life Project.

7.      Teachers’ responsibilities in inclusive education processes.