ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES
Act No. 8852, Feb. 29, 2008
Amended by Act No. 10339, jun. 4, 2010
Act No. 11382, Mar. 21, 2012
Act No. 11384, Mar. 21, 2012
Act No. 12127, Dec. 30, 2013
Act No. 13575, Dec. 22, 2015
Act No. 13978, Feb. 3, 2016
Act No. 13941, Feb. 3, 2016
Act No. 14156, May 29, 2016
Act No. 14160, May 29, 2016
Act No. 15234, Dec. 19, 2017
Act No. 15367, Feb. 21, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is for the State and local governments to provide disabled persons and those who have special educational needs with an integrated educational environment pursuant to Article 18 of the Framework Act on Education and to provide them with education according to their life cycle considering characteristics, such as the type and level of disability so that such education may contribute to their self-realization and integration into the society.
The terms used in this Act shall be defined as follows: <Amended by Act No. 11384, Mar. 21, 2012>
| 1. | The term "special education" means education realized by providing curriculum suitable for the characteristics and special education-related services prescribed in subparagraph 2 to satisfy the educational needs of persons eligible for special education; |
| 2. | The term "special education-related services" means services to provide human and material resources necessary for efficiently providing education for persons eligible for special education, including counseling support, family support, therapeutic support, support of assistants, support of assistive technology devices, support of learning aids, school attendance support, information access support, etc.; |
| 3. | The term "person eligible for special education" means a person selected as one requiring special education under Article 15; |
| 5. | The term "care giver" means any person who actually protects persons eligible for special education, such as a person of parental authority, guardian or other persons; |
| 6. | The term "integrated education" means education provided for persons eligible for special education in a regular school with other persons of the same age which is suitable for the educational needs of each individual without any discrimination according to the type and level of disability; |
| 7. | The term "individualized education" means education provided for persons eligible for special education by the head of a school at each education level by establishing and implementing a plan containing the objectives, method, curriculum, special education-related services, etc. suitable for the type and characteristics of disability to develop the individual ability of each person eligible for special education; |
| 8. | The term "itinerant education" means education provided for persons eligible for special education at school at each education level or in a medical institution, at home, or welfare facilities (referring to welfare facilities for the disabled or children, etc.; hereinafter the same shall apply) where special education teachers and persons in charge of special education-related services visit in person to educate them; |
| 9. | The term "education for future career and vocation" means providing vocational rehabilitation training, self-sufficiency training, etc. through cooperation among related agencies for the smooth transition of persons eligible for special education from school to society, etc.; |
| 10. | The term "special educational institution" means a special school and class which provide the curricula of a kindergarten, an elementary school, a middle school, or a high school (including major departments; hereinafter the same shall apply) for persons eligible for special education; |
| 11. | The term "special class" means a class established in a regular school to provide integrated education to persons eligible for special education; |
| Article 3 (Compulsory Education, etc.) |
| (1) | Notwithstanding Article 8 of the Framework Act on Education, the educational course in a kindergarten, an elementary school, a middle school and a high school shall be compulsory and the major departments under Article 24 and education for disabled infants who have not reached a full three years of age shall be provided gratis. |
| (2) | A person eligible for special education who reaches a full three to seventeen years of age shall have the right to receive compulsory education under paragraph (1): if a person who could not be promoted or graduate due to a lack of attendance, etc. or for whom the obligation of school attendance has been exempted or postponed under Article 19 (3) intends to attend school again, and if there is a difference between the academic year to which they will attend again and that to which they would have continuously attended without being exempted or postponing the obligation of school attendance, they shall have the right to receive the compulsory education by the age added by the relevant year. |
| (3) | The expenses incurred in compulsory and free education under paragraph (1) shall be paid by the State or local government, as prescribed by Presidential Decree. |
| Article 4 (Prohibition of Discrimination) |
| (1) | When a person eligible for special education desires to enter a school, the head of a school at each education level or the head of a university (which means a school under Article 2 of the Higher Education Act; hereinafter the same shall apply) shall not discriminate against him/her in the educational opportunity, such as the refusal of an application for admission thereinto or of the admission of a passer in an admission screening test, for reasons of his/her disability. |
| (2) | The State, local government, the head of a school at each education level or the head of a university shall not discriminate against the persons eligible for special education and their care giver in any of the following matters except for cases where it is evident for the performance of education in consideration of the characteristics of the disabled: <Amended by Act No, 15367, Feb. 21, 2018> |
| 1. | Discrimination in provision of special education-related services under Article 28; |
| 2. | Exclusion from attendance in class and participation in student-led activities and any other intramural and extracurricular activities; |
| 3. | Exclusion from participation of care givers, such as participation in individualized education support team; |
| 4. | Discrimination in admission screening test by requesting a separate interview or medical examination, except for cases where it is required to investigate and confirm the details of the convenience of taking an examination which is necessary due to a disability in the university admission screening test. |
| 5. | Request a student without disabilities for a guarantor or a written oath in the process of admission or transfer to a school, and admission to a dorm; |
| 6. | Discrimination in provision of guidances on student life, referred to in Article 4 of the Act on the Prohibition of Discrimination of Disabled Persons, Remedy against Infringement of their Rights, etc. |
CHAPTER II DUTIES OF STATE AND LOCAL GOVERNMENTS
| Article 5 (Duties of State and Local Governments) |
| (1) | The State and a local government shall execute any of the following duties to provide persons eligible for special education with appropriate education: <Amended by Act No. 14160, May 29, 2016; Act No. 15234, Dec. 19, 2017> |
| 1. | Establishment of a comprehensive plan for special education for the disabled; |
| 2. | Early detection of persons eligible for special education; |
| 3. | Direction on the school attendance of persons eligible for special education; |
| 4. | Study and improvement of the contents, method and support system for special education; |
| 5. | Cultivation and training of special education teachers; |
| 6. | Establishment of a plan to arrange special educational institutions; |
| 7. | Installation and operation of a special educational institution, and expansion and maintenance of its equipment and facilities; |
| 8. | Study, development and distribution of the textbooks and the teaching equipment necessary for special education; |
| 9. | Taking measures for education for future careers and jobs of persons eligible for special education; |
| 10. | Taking measures for the higher education for the disabled; |
| 11. | Taking measures for the support of special education-related services for persons eligible for special education; |
| 12. | Other matters to be considered necessary for the development of special education. |
| (2) | The State and a local government shall preferentially pay the expenses incurred to execute the duties under paragraph (1) within budgetary limits. |
| (3) | With respect to a local government which is deemed slow in advancing with duties under paragraph (1) or to have a lack of adequate budgetary measures under paragraph (2), the State may recommend such local government to take necessary measures, such as the expansion of its budget. |
| (4) | The Minister of Education shall establish a cooperative system among the central administrative agencies concerned, such as the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Employment and Labor, and the Minister of Gender Equality and Family, to efficiently execute the duties under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10339, Jun. 4, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13978, Feb. 3, 2016> |
| Article 6 (Establishment of Special Educational Institution and Vicarious Education) |
| (1) | The State and a local government shall install and operate special educational institutions proportionally to regions and areas of disability by considering the convenience of school attendance of persons eligible for special education. |
| (2) | If the number of national or public special educational institution is not sufficient, or if it is necessary for the compulsory education or gratis education of persons eligible for special education, the State and a local government may entrust the relevant education to the private special educational institution. |
| (3) | In cases of entrusting the special education under paragraph (2), the support shall be provided so that the educational conditions of the special educational institution concerned shall not fail to satisfy those of the national or public special educational institution. |
| (4) | Necessary matters concerning vicarious education under paragraph (2) and the support under paragraph (3) or the burden of expenses, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Application for Change of Vicarious Educational Institution) |
| (1) | If persons eligible for special education who attend a private special educational institution entrusted with the education under Article 6 (2) or their care giver deems that the educational activities of the special educational institution concerned are exceptionally poor or do not meet the characteristics of the persons eligible for special education, thus considerably hindering their education, they may apply for a change of the educational institution by specifying the relevant reason in detail to the head of each district office of education or a superintendent of education so that the persons eligible for special education may attend other educational institutions. |
| (2) | The head of each district office of education or a superintendent of education who receives an application for change under paragraph (1) shall hold a Si/Gun/Gu special education management committee or City/Do special education management committee under Article 10 (1) within 30 days from the date of receipt of the application, listen to the opinions of interested parties, such as the applicant and the head of the school concerned, etc., determine whether to change and notify the result. |
| Article 8 (Capacity-Enhancement of Teachers) |
| (1) | The State and a local government shall regularly provide the special education teachers with education and training to enhance their capacity. |
| (2) | The State and a local government shall regularly provide the teachers of regular schools with education and training related to special education to support the integrated education of persons eligible for special education. |
| (3) | The curriculum of education and training under paragraphs (1) and (2) shall include programs to foster respect for the human rights of persons eligible for special education. <Newly Inserted by Act No. 12127, Dec. 30, 2013> |
| (4) | Matters necessary for the education and training under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 9 (Notice of Rights and Obligations of Persons Eligible for Special Education) |
If the State and a local government are aware of those who have disability specified in any subparagraph of Article 15 (1) or select the persons eligible for special education under Article 15, it shall notify their care giver of the relevant fact, the right to receive the compulsory or gratis education, and rights and obligations of the care giver within two weeks from the relevant date.
| Article 10 (Special Education Management Committee) |
| (1) | The central special education management committee under the control of the Minister of Education, a City/Do special education management committee under the control of a superintendent of education, and a Si/Gun/Gu special education management committee under the control of the head of a district office of education shall be installed respectively in order to deliberate major matters concerning the execution of the duties by the State and a local government under Article 5. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the composition, operation, etc. of the central special education management committee under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the composition, operation, etc. of a City/Do special education management committee and a Si/Gun/Gu special education management committee shall be prescribed by the educational regulations of the Special Metropolitan City, a Metropolitan City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"), respectively. |
| Article 11 (Installation and Operation of Special Education Support Center) |
| (1) | A superintendent of education shall install and operate a special education support center, per each subordinate educational administrative agency, which is in charge of early finding, diagnosis and evaluation of persons eligible for special education, information management, training of special education, support of faculty and learning activity, support of special education-related service, itinerant education, etc. |
| (2) | A special education support center under paragraph (1) shall be installed in a subordinate educational administrative agency, a special school, a regular elementary, middle, or high school where a special class is installed, or at a place to which access is convenient by regional residents, including persons eligible for special education, such as public agencies of a competent district (including the welfare center for the disabled). |
| (3) | Necessary matters concerning the installment and operation, etc. of a special education support center shall be prescribed by Presidential Decree. |
| Article 12 (Annual Report on Special Education) |
The Government shall submit to the National Assembly a report on the present status of major issues and policy about special education before the regular session of the National Assembly opens every year.
| Article 13 (Survey on Actual Status of Special Education) |
| (1) | The Minister of Education shall conduct a survey on actual status every three years for establishing policies of special education, such as the plan for the placement of persons eligible for special education, and the plan for the supply and demand of the special education teachers, and publicly announce the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13575, Dec. 22, 2015> |
| (2) | When the Minister of Education deems it necessary to improve the educational conditions of the disabled students who attend the university, he/she may conduct a survey on actual status of the education and welfare, etc. of the disabled students every three years and publicly announce the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13575, Dec. 22, 2015> |
| (3) | The Minister of Education, if necessary for conducting a survey on actual status under paragraph (1) and (2), may request the submission of materials or a statement of opinions to the head of a relevant central administrative agency and a relevant local government, the head of a relevant public institution under the Act on the Management of Public Institutions, and the head of a relevant corporation or organization. In such cases, the person requested shall cooperate if there exists no justifiable reason. <Newly Inserted by Act No.13575, Dec. 22, 2015> |
| (4) | The contents, methods and other matters necessary for the survey under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER III SELECTION OF PERSON ELIGIBLE FOR SPECIAL EDUCATION AND SCHOOL PLACEMENT, ETC.
| Article 14 (Early Finding, etc. of Disability) |
| (1) | The head of each district office of education or a superintendent of education shall carry out public relations to regional residents and the agencies concerned in order to find early the disability and possibility of disability of infants and perform a gratis selection test at a public health clinic, hospital or clinic within the relevant region. |
| (2) | The head of each district office of education or a superintendent of education shall construct a close cooperative system among the local governments and public health clinics, hospitals or clinics in order to efficiently perform the selection test under paragraph (1). |
| (3) | When the care giver or the head of a school at each education level finds infants and students who have or are suspected of having a disability specified by any subparagraph of Article 15 (1), he/she shall request the head of each district office of education or a superintendent of education to diagnose or evaluate them: Provided, That if the head of a school at each education level requests diagnosis or evaluation, he/she shall obtain the prior consent from their care giver. |
| (4) | When the head of each district office of education or a superintendent of education is requested to diagnose or evaluate under paragraph (3), he/she shall perform diagnosis or evaluation by referring the matter immediately to the special education support center and notify the care giver of infants and students concerned of the results of such diagnosis or evaluation. |
| (5) | Necessary matters concerning the procedures and contents of the selection test under paragraph (1), other matters required for the test, the procedure for prior consent under paragraph (3), and matters concerning the procedures for notice under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 15 (Selection of Persons Eligible for Special Education) |
| (1) | Persons who are diagnosed and determined to need special education among those who has any of the following disabilities shall be selected as persons eligible for special education by the head of each district office of education or a superintendent of education: <Amended by Act No. 13941, Feb. 3, 2016> |
| 5. | Emotional disturbance or behavioral disorder; |
| 6. | Autism (including the relevant disabilities); |
| 8. | Learning disabilities; |
| 10. | Developmental delays; |
| 11. | Other disabilities prescribed by Presidential Decree. |
| (2) | When the head of each district office of education or a superintendent of education selects persons eligible for special education under paragraph (1), such selection shall, for the course of a high school, be determined by a superintendent of education after examination by the City/Do special education management committee, and shall, for the course of a middle school or below, be selected by the head of the district office of education after examination by the Si/Gun/Gu special education management committee, based on the results of diagnosis and evaluation under Article 16 (1). |
| Article 16 (Procedures for Selection of Persons Eligible for Special Education and Determination of Details of Education Support) |
| (1) | Each special education support center shall perform diagnosis and evaluation within 30 days after the referral of such diagnosis and evaluation. |
| (2) | Each special education support center shall prepare a final opinion on whether to select a person eligible for special education through the diagnosis and evaluation under paragraph (1) and the details of necessary education support and report them to the head of each district office of education or a superintendent of education. |
| (3) | The head of each district office of education or a superintendent of education shall determine whether to select a person eligible for special education and the details of the education support to be provided and provide a written notice to the care giver, such as the parents, etc. regarding them. The details of the education support shall include the detailed matters, such as special education, education for future career and vocation, special education-related services, etc. |
| (4) | In the process of diagnosis and evaluation under paragraph (1), the opportunity for the care giver, such as the parents, etc. to state opinions shall be guaranteed. |
| Article 17 (Placement and Education of Persons Eligible for Special Education) |
| (1) | The head of each district office of education or a superintendent of education shall place those who are selected as persons eligible for special education under Article 15 to any of the following schools through deliberation by the special education management committee concerned and educate them: |
| 1. | Regular classes at a regular school; |
| 2. | Special classes at a regular school; |
| (2) | When the head of each district office of education or a superintendent of education places persons eligible for special education under paragraph (1), he/she shall comprehensively determine the level of disability, the ability of the disabled, and the opinion of the care giver, etc., and places them to the place which is nearest to their residence. |
| (3) | When the head of the district office of education intends to place persons eligible for special education residing in the competent district to school at each education level, etc. located in another City/Do, he/she shall consult with the head of the district office of education of the City/Do concerned (the head of the school concerned in cases of a national school). |
| (4) | The head of the district office of education or head of a national school who is requested to place persons eligible for special education under paragraph (3) shall comply with such request, unless there are any inevitable circumstances prescribed by Presidential Decree. |
| (5) | Necessary matters concerning the placement, etc. of persons eligible for special education under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
CHAPTER IV INFANT, PRIMARY AND SECONDARY EDUCATION
| Article 18 (Education Support for Disabled Infants) |
| (1) | Care givers of disabled infants under the age of three may request the head of each district office of education to provide education, if early education is necessary. |
| (2) | In receipt of a request referred to in paragraph (1), the head of each district office of education may place disabled infants under the age of three to the kindergarten course or infants class at a special school or a special education support center based on the results of diagnosis and evaluation by the special education support center. |
| (3) | When disabled infants placed under paragraph (2) stay at a medical institution, welfare facility, home, etc., their itinerant education may be provided by special education teachers, persons in charge of special education-related services, etc. |
| (4) | The State and a local government shall endeavor to improve educational conditions and maintain facilities for disabled infants. |
| (5) | Other matters necessary for education support for disabled infants shall be prescribed by Presidential Decree. |
| Article 19 (Care Givers' Obligation, etc.) |
| (1) | Care givers of persons eligible for special education shall protect and respect the opportunity to receive compulsory education under Article 3 (1) with respect to the children they protect. |
| (2) | With respect to persons eligible for compulsory education who cannot attend school due to any inevitable reason, the obligation to attend school under paragraph (1) may be exempted or postponed, as prescribed by Presidential Decree: Provided, That if persons eligible for special education who reach a full three to five years of age use the nursery schools meeting certain educational conditions prescribed by Presidential Decree among the nursery schools established pursuant to the Infant Care Act, they shall be deemed to receive the compulsory education of kindergarten prescribed by paragraph (1). <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | If those whose obligation to attend school is exempted or postponed under paragraph (2) intends to re-enter the school, they may do so, as prescribed by Presidential Decree. |
| Article 20 (Operation of Curriculum, etc.) |
| (1) | The curriculum for the kindergarten, elementary school, middle school, and high school of a special educational institution shall be prescribed by Ordinance of the Ministry of Education according to the type and degree of disability, and the curriculum for infants and major departments shall be determined by the head of a school after obtaining the approval of a superintendent of education. <Amended by Act No. 8852, Feb. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The head of a special educational institution and the head of a regular school where persons eligible for special education are placed, may adjust and operate the contents of the curriculum by considering type and degree of disability, age, current and future educational needs, etc. of a person eligible for special education within the scope of curriculum under paragraph (1). |
| (3) | The head of a special school may operate the integrated courses of the kindergarten, elementary school, middle school, and high school by obtaining the approval of a superintendent of education. |
| Article 21 (Integrated Education) |
| (1) | The head of a school at each education level shall apply his/her best endeavor to realize the principle of integrated education in executing the various policies on education. |
| (2) | The head of a regular school where persons eligible for special education are placed under Article 17 shall establish and execute a comprehensive plan for education, which includes the adjustment of curriculum, support of assistants, support of learning assistive devices, and training of teachers, etc. |
| (3) | If the head of a regular school provides integrated education under paragraph (2), he/she shall install and operate a special class in accordance with the standards under Article 27, and be equipped with the facility, equipment, textbooks and teaching equipment prescribed by Presidential Decree. |
| Article 22 (Individualized Education) |
| (1) | The head of a school at each education level shall organize an individualized education support team consisting of care givers, special education teachers, regular education teachers, teachers in charge of education for future career and vocation, and persons in charge of special education-related services, etc. in order to provide the education suitable for the educational needs of persons eligible for special education. |
| (2) | An individualized education support team shall prepare a plan for individualized education for persons eligible for special education every semester. |
| (3) | If any person eligible for special education is transferred to another school or promoted to a higher school, the transferring school shall send the plan for individualized plan to the transferred school within 14 days. |
| (4) | Special education teachers shall support and adjust each duty in order to perform the duties under the provisions of paragraphs (1) through (3). |
| (5) | Matters necessary for the composition of the individualized education support team under paragraph (1) and the establishment, execution, etc. of the plan for individualized education plan shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 23 (Support of Education for Future Careers and Vocation) |
| (1) | The head of a school at secondary or higher education level shall conduct vocational rehabilitation training, such as vocational evaluation, vocational education, support of employment, and ex post factor management, etc. and self-sufficiency life training, such as daily life adaptation training and society adaptation training, etc. in order to support education for future career, and vocation according to the characteristics and demand of persons eligible for special education, and have the qualified experts in charge of education for future career and vocation prescribed by Presidential Decree. |
| (2) | The head of a school at secondary or higher education level shall prepare the facility and equipment required for the provision of education for future career and vocation according to the standards prescribed by Presidential Decree. |
| (3) | Each special education support center shall construct a cooperative system among the related agencies as prescribed by Presidential Decree in order to support efficient education for future career and vocation for persons eligible for special education. |
| Article 24 (Installation and Operation of Major Departments) |
| (1) | A special educational institution may install and operate major departments which provide one year's lesson or more in order to provide the persons eligible for special education who graduate from the high school with education for future career and vocation. |
| (2) | The Minister of Education and a superintendent of education may designate an educational institution which may install major departments in each region, or by each type of disability. <Amended by Act No. 8455, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Schools at each education level which installs major departments may receive the recognition of credits in accordance with Article 7 of the Act on Recognition of Credits, Etc. |
| (4) | Matters necessary for the standards for facility and equipment of major departments under paragraphs (1) and (2), standards for the operation of major department and placement of person in charge, etc. shall be prescribed by Presidential Decree. |
| Article 25 (Itinerant Education, etc.) |
| (1) | The head of each district office of education or a superintendent of education shall conduct itinerant education by placing special education teachers and persons in charge of special education-related services in a regular school and a special education support center to support persons eligible for special education who receives the integrated education in the regular school. |
| (2) | A superintendent of education shall provide itinerant education, if necessary for educating persons eligible for special education who cannot attend classes for a short or long term due to the severe level of disability. |
| (3) | A superintendent of education shall provide itinerant education if necessary for educating persons eligible for special education who reside at a welfare facility, medical institution, home, etc. since they have difficulty in receiving or cannot receive education at schools of each education level due to a severe disability in their movement or motor skills. |
| (4) | The head of each district office of education or a superintendent of education shall employ necessary measures such as installing and operating classes in medical institutions or welfare facilities, etc. for providing itinerant education under paragraph (3). <Newly Inserted by Act No. 13575, Dec. 22, 2015> |
| (5) | The State or a local government may provide administrative or financial support as prescribed by Presidential Decree for the medical institutions and welfare facilities, etc. which has installed or operated classes under paragraph (4) to realize the education equal to those of the national or public special educational institution. <Newly Inserted by Act No. 13575, Dec. 22, 2015> |
| (6) | Necessary matters concerning the operation of itinerant education, such as the number of days for itinerant education classes pursuant to the provisions of paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended by Act No. 13575, Dec. 22, 2015> |
| Article 26 (Educational Institutions for Kindergarten Course which Operate After-School Programs) |
| (1) | If persons eligible for special education are placed at an educational institution for kindergarten course which operates an after-school program provided for in subparagraph 6 of Article 2 of the Early Childhood Education Act, the head of a school at the relevant education level may additionally place one or more persons in charge of operating the after-school program for persons eligible for special education. <Amended by Act No. 11382, Mar. 21, 2012> |
| (2) | Necessary matters concerning criteria for qualifications of the persons in charge of after-school programs, the methods of operating such programs, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11382, Mar. 21, 2012> |
| Article 27 (Standards for Installation of Class at Special School and Special Class at School at Each Education Level) |
| (1) | The head of a special school and the head of a school of each education level shall install the class and special class according to the following standards: |
| 1. | Kindergarten course: If the number of persons eligible for special education is at least one but not more than four, one class shall be installed and if the number exceeds four, two or more classes shall be installed; |
| 2. | Elementary school and middle school course: If the number of persons eligible for special education is at least one but not more than six, one class shall be installed and if the number exceeds six, two or more classes shall be installed; |
| 3. | high school course: If the number of persons eligible for special education is at least one but not more than seven, one class shall be installed and if the number exceeds seven, two or more classes shall be installed. |
| (2) | Notwithstanding paragraph (1), a superintendent of education may weaken standards for installation of class according to the level and type of disability in cases of itinerant education. |
| (3) | The standards for placement of special education teachers at a special school and special class shall be prescribed by Presidential Decree. |
| Article 28 (Special Education-Related Services) |
| (1) | A superintendent of education shall provide family support, such as family counseling to persons eligible for special education and their family. |
| (2) | A superintendent of education shall, if persons eligible for special education need, provide them with therapeutic support, such as physical treatment and work therapy. |
| (3) | The head of a school at each education level shall provide persons eligible for special education with assistants. |
| (4) | The head of a school at each education level shall provide the facilities, such as various teaching equipment for the disabled, various learning assistive devices, and assistive technology devices required for the education of persons eligible for special education. |
| (5) | The head of a school at each education level shall take the measures of school attendance support, such as the school bus support, the school expense support, and support of assistants for school assistance convenience of persons eligible for special education. |
| (6) | The head of a school at each education level may build and operate a dormitory for life guidance and protection of persons eligible for special education. A qualified life instructor prescribed by Ordinance of the Ministry of Education, along with a registered nurse or a licensed practical nurse, shall be assigned at any special school which installs and operates a dormitory for life guidance and protection of persons eligible for special education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11723, Apr. 5, 2013> |
| (7) | The standards for the placement of life instructors and registered nurses or licensed practical nurses under paragraph (6) shall be prescribed by Ordinance of the Ministry of Education for national schools and by educational regulations of a City/Do for public and private schools. <Newly Inserted by Act No. 11723, Apr. 5, 2013> |
| (8) | In cases of providing various information (including Internet homepage operated by an educational institution) to persons eligible for special education provided by schools at each education level, the head of a school at each education level shall do it in a method suitable for the type of disability of the persons eligible for special education. |
| (9) | Necessary matters for the provision of special education-related services under the provisions of paragraphs (1) through (8) shall be prescribed by Presidential Decree. <Amended by Act No. 11723, Apr. 5, 2013> |
CHAPTER V HIGHER EDUCATION AND LIFELONG EDUCATION
| Article 29 (Special Support Committee) |
| (1) | The head of a university shall install and operate a special support committee in order to deliberate and determine any of the following matters: |
| 1. | University's plan for support of disabled students; |
| 2. | Deliberation and determination of a request for re-determination; |
| 3. | Other matters for support of disabled students as prescribed by Presidential Decree. |
| (2) | Necessary matters concerning the installation and operation of the special support committee shall be prescribed by Presidential Decree. |
| Article 30 (Support Center for Disabled Students) |
| (1) | The head of a university shall install and operate support center for disabled students which exercises overall control of and takes charge of the support of the education and life of disabled students: Provided, That the small university, etc. where disabled students do not attend or the number of disabled students is less than the certain number prescribed by Presidential Decree may have the support division for disabled students or person in exclusive charge of them in lieu thereof. |
| (2) | The support center for disabled students (in cases of having the support division of the disabled students or person in exclusive charge under paragraph (1), such division or person) shall take charge of any of the following duties: |
| 1. | Matters on various support of disabled students; |
| 2. | Matters on provision of conveniences prescribed by Article 31; |
| 3. | Matters on education of teachers and staff and assistants; |
| 4. | Matters on actual status survey on educational welfare for disabled students; |
| 5. | Other matters referred by the head of a university. |
| (3) | Necessary matters concerning the installation and operation of the support center for disabled students shall be prescribed by Presidential Decree. |
| Article 31 (Provision of Conveniences, etc.) |
| (1) | The head of a university shall actively take the following measures for the convenience of the educational activities of disabled students who attend the relevant university and provide them: |
| 1. | Material support, such as various kinds of learning assistive devices and assistive technology devices; |
| 2. | Human support, such as placement of educational assistants, etc.; |
| 3. | Support of school attendance convenience; |
| 4. | Support of information access; |
| (3) | The State and a local government shall support the necessary costs under paragraph (1) and (2) within the scope of budget. <Amended by Act No. 13575, Dec. 22, 2015> |
| Article 32 (Establishment of School Regulations, etc.) |
The head of a university shall establish necessary details concerning support of disabled students, etc. prescribed by this Act in the school regulations.
| Articles 33 and 34 Deleted. <by Act No. 14160, May 29, 2016> |
CHAPTER VI SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
| Article 35 (Request for Re-determination for University's Determination) |
| (1) | Disabled students and their care givers may request in writing a university to provide various support measures prescribed by this Act. |
| (2) | With respect to the application under paragraph (1), the head of a university shall provide a written notice to the relevant applicant concerning whether to provide the requested support measures and reasons therefor within two weeks. |
| (3) | Disabled students and their care givers may request for re-determination to the special support committee against the decision that the university has made on the application under paragraph (1) (including the omission and refusal), and the acts of the head, teachers, or staff of university which violates this Act. |
| (4) | The special support committee shall determine the request for re-determination under paragraph (3) within two weeks. |
| (5) | In the procedure of re-determination under paragraph (3), the applicant shall be provided an opportunity to express his/her opinion. |
| (6) | The head of a university, teachers and staff and other persons concerned shall follow determinations under paragraph (4). |
| (7) | Necessary matters concerning a request for re-determination to the special support committee shall be prescribed by Presidential Decree. |
| Article 36 (Request for Re-determination for Course of high School or Lower Course) |
| (1) | If persons eligible for special education or their care givers have any objection to measures by the head of each district office of education or a superintendent of education or the head of a school at each education level which fall under any of the following matters, they may request for re-determination to Si/Gun/Gu special education management committee or City/Do special education management committee: |
| 1. | Selection of persons eligible for special education under Article 15 (1); |
| 2. | Determined matters of details of education support under Article 16 (3); |
| 4. | Unfair discrimination in violation of Article 4. |
| (2) | If the head of a school at each education level to whom persons eligible for special education are placed under Article 17 (1) cannot comply with such placement due to any particular inevitable reasons or the placed person eligible for special education has a considerable difficulty in adapting to the school life for three months or more, a request for re-determination may be submitted to Si/Gun/Gu special education management committee or City/Do special education management committee. |
| (3) | Upon receipt of a request for re-determination under paragraphs (1) and (2), Si/Gun/Gu special education management committee or City/Do special education management committee shall deliberate such request and notify the applicant of the results within 30 days. |
| (4) | In the procedure of re-determination under paragraph (3), the opportunity to express opinion shall be provided to the applicant. |
| (5) | The head of the district office of education, a superintendent of education, the head of a school at each education level and other persons concerned shall follow the determination under paragraph (3). |
| (6) | Persons eligible for special education or their care givers who have any objection to the determination of re-determination prescribed in paragraph (3) may raise an administrative appeal within 90 days from the date of receipt of the notice. |
| (7) | Necessary matters concerning the procedure of request for re-determination, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 37 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Education under this Act may be delegated to a superintendent of education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Part of authority of a superintendent of education under this Act may be delegated to the head of a district office of education, as prescribed by Presidential Decree. |
| Article 38 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for less than a year or a fine not exceeding 10 million won:
| 1. | The head of an educational institution who takes unfavorable measures, such as the refusal of an application for admission thereinto or of the admission of a passer in admission screening test, for the persons eligible for special education for reasons of their disability in violation of Article 4 (1); |
| 2. | A person who requests a separate interview or medical examination which is not related to the confirmation of the contents of the convenience for taking an examination during the admission screening test of the university, in violation of Article 4 (2) 4. |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
| Article 38-2 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 14160, May 29, 2016; Act No. 15367, Feb. 21, 2018>
| 1. | Deleted; <by Act No. 14160, May 29, 2016> |
| 2. | A person who discriminates in the provision of special education-related services, the participation in the class, student-led activities, and any other intramural and extracurricular activities, and the care giver's participation in the individualized education support team, in violation of Article 4 (2) 1 through 3; |
| 3. | Deleted; <by Act No. 14160, May 29, 2016> |
| 4. | A person who requests a student without disabilities for a guarantor or a written oath in the process of admission or transfer to a school, and admission to a dorm in violation of Article 4 (2) 5; |
| 5. | A person who, in providing guidances on student life, commits a discriminatory act referred to in Article 4 of the Act on the Prohibition of Discrimination of Disabled Persons, Remedy against Infringement of their Rights, etc., in violation of Article 4 (2) 6. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the compulsory education for the course of kindergarten and high school under Article 3 shall be executed in turn as prescribed by Presidential Decree by considering the financial conditions of the State and local governments. Article 2 (Abolition of other Act)
The Special Education Promotion Act shall be abolished.
Article 3 (Transitional Measures concerning Persons Eligible for Special Education)
Persons eligible for special education who are designated pursuant to the previous provisions of the Special Education Promotion Act as at the time when this Act enters into force, shall be regarded as person eligible for special education who are selected by this Act.
Article 4 (Transitional Measures concerning Application of Penalty Provisions)
Any such act committed before this Act enters into force shall be subject to the application of the previous provisions of the Special Education Promotion Act.
Article 5 Omitted.
Article 6 (Relation with other Statutes)
Where the Special Education Promotion Act and its provisions are cited in other statutes as at the time when this Act enters into force, if any provisions corresponding to them are prescribed in this Act, it shall be deemed that this Act or the relevant provisions in this Act are cited in lieu of the previous provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 10876, Jul. 21, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11384, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11723, Apr. 5, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12127, Dec. 30, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13575, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13941, Feb. 3, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13978, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14156, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14160, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15234, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name into Plan to Arrange Special Educational Institutions)
The plan to arrange special educational institutions established pursuant to the previous provisions as at the time when this Act enters into force, shall be deemed a plan to arrange special educational institutions pursuant to the amended provisions of Article 5 (1) 6.
ADDENDUM <Act No. 15367, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of these addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.