The purpose of this Act is to provide necessary support to students eligible for learning support, thereby laying the foundation for ensuring that all students can receive education according to their abilities by guaranteeing their basic academic abilities.
The terms used in this Act are defined as follows:
| 1. | The term "basic academic abilities" means an academic background that meets the minimum standards for achievement that students of a school defined in Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as "school") need to meet through school curricula, as prescribed by Presidential Decree; |
| 3. | The term "learning support education" means customized education for students eligible for learning support to be provided with contents and methods suitable for the circumstances and characteristics of individuals. |
| Article 3 (Responsibilities of the State and Other Entities) |
| (1) | The State and local governments shall formulate policies to guarantee basic academic abilities. |
| (2) | The State and local governments shall endeavor to maintain the number of students per class of schools at an appropriate level to guarantee basic academic abilities. |
| (3) | The State and local governments shall endeavor to secure financial resources necessary for implementing policies to guarantee basic academic abilities. |
| (4) | The head of a school shall endeavor to guarantee basic academic abilities in implementing various policies on education. |
| Article 4 (Relationship with other Statutes) |
This Act shall prevail over other statutes with respect to guarantee of basic academic abilities.
| Article 5 (Formulation of Comprehensive Plans to Guarantee Basic Educational Academic Abilities) |
| (1) | The Minister of Education shall formulate a comprehensive plan for guaranteeing basic academic abilities (hereinafter referred to as "comprehensive plan") every five years after consulting with the heads of relevant central administrative agencies and the superintendents of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province (hereinafter referred to as "superintendents of education"), undergoing deliberation by the Basic Academic Ability Guarantee Committee established under Article 6. The same shall also apply where critical matters of a comprehensive plan that are prescribed by Presidential Decree are modified. |
| (2) | The superintendent of education shall formulate and implement an annual City/Do implementation plan for guaranteeing basic academic abilities (hereinafter referred to as "implementation plan") in consideration of the details of a comprehensive plan and the circumstances of the relevant region. |
| (3) | The superintendent of the Office of Education shall submit to the Minister of Education each year the results of implementation according to the implementation plan for the previous year and the implementation plan for the next year, as prescribed by Presidential Decree. |
| (4) | Other matters necessary for the formulation, implementation, etc. of comprehensive plans and implementation plans shall be prescribed by Presidential Decree. |
| Article 6 (Establishment of Basic Academic Ability Guarantee Committee) |
| (1) | The Basic Academic Ability Guarantee Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Education to deliberate on the following matters concerning guarantee of basic academic abilities: |
| 1. | Formulation of comprehensive plans; |
| 2. | Evaluation of performance results of implementation plans; |
| 3. | Improvement of systems related to guarantee of basic academic abilities; |
| 4. | Surveys and research and analysis and evaluation of policies related to guarantee of basic academic abilities; |
| 5. | Other matters necessary for guaranteeing basic academic abilities, which are referred by the chairperson to the Committee for deliberation. |
| (2) | The Committee may, if necessary in connection with deliberation, request the head of a relevant agency to appear before the Committee or submit materials to the public officials under its jurisdiction. Upon receipt of such request, the head of the agency shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | Other matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| Article 7 (Basic Academic Ability Diagnosis Test) |
| (1) | The head of a school may conduct a test to diagnose whether each student has attained the level of basic academic abilities (hereinafter referred to as "basic academic ability diagnosis test") in order to detect and effectively support students eligible for learning support at an early stage, and may inform the guardians of the students of the results thereof. |
| (2) | Other matters necessary for the details, implementation, etc. of basic academic ability diagnosis tests shall be prescribed by Presidential Decree. |
| Article 8 (Selection of Students Eligible for Learning Support and Learning Support Education) |
| (1) | The head of a school may select students who are deemed necessary to receive learning support education as students eligible for learning support based on the results of a basic academic ability diagnosis test, the recommendation of a homeroom teacher in charge of the relevant class, the recommendation of the relevant subject teacher, the results of counseling to guardians, such as parents, etc. |
| (2) | The head of a school shall conduct learning support education in consideration of the academic level of students eligible for learning support, causes of failure to meet basic academic abilities, etc. |
| (3) | The head of a school may, if necessary, provide education and counseling to guardians or provide learning support education in connection with specialized institutions outside the school. |
| (5) | In order to guarantee students' basic academic abilities, the head of a school may assign assistants to classes of subjects requiring special learning support. |
| (6) | Other matters necessary for the selection of students eligible for learning support, learning support education, assignment of assistants, etc. shall be prescribed by Presidential Decree. |
| Article 9 (Teachers in Charge of Learning Support) |
| (1) | The head of a school may designate a teacher in charge of learning support education (hereinafter referred to as "teacher in charge of learning support") from among teachers under Article 19 of the Elementary and Secondary Education Act to efficiently provide learning support education. |
| (2) | The Minister of Education and the superintendent of education shall provide teachers in charge of learning support with training to cultivate their expertise. |
| (3) | Other matters necessary for the designation, training, etc. of teachers in charge of learning support shall be prescribed by Presidential Decree. |
| Article 10 (Basic Academic Ability Support Centers) |
| (1) | The Minister of Education and the superintendent of education may designate and operate a basic academic ability support center for improvement of and research on the system for guaranteeing basic academic abilities, fact-finding surveys and support for students eligible for learning support, and management of the outcomes of projects related to guaranteeing basic academic abilities, etc. |
| (2) | Where a basic academic ability support center designated pursuant to paragraph (1) falls under any of the following cases, the Minister of Education and the superintendent of education may revoke its designation: Provided, That where it falls under subparagraph 1, they shall revoke the designation: |
| 1. | Where it has been designation by fraud or other improper means; |
| 2. | Where it fails to meet the standards for designation under paragraph (4). |
| (3) | The Minister of Education and the superintendent of education shall hold a hearing to revoke the designation of a basic academic ability support center pursuant to paragraph (2). |
| (4) | Other matters necessary for the criteria and procedures for designation of a basic academic ability support center and the revocation of its designation, the operation thereof, etc. shall be prescribed by Presidential Decree. |
| Article 11 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Education or the superintendent of education under this Act may be delegated to the superintendent of education or the head of a district office of education (referring to the head of a district office of education under Article 34 (3) of the Local Education Autonomy Act), as prescribed by Presidential Decree. |
| (2) | The Minister of Education or the superintendent of education may delegate part of the authority under this Act to the head of a relevant agency, corporation, or organization, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 18458, Sep. 24, 2021>
This Act shall enter into force six months after the date of its promulgation.