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STATUTES

THE REPUBLIC OF KOREA

Volume

ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is for the State and local governments to provide persons with disabilities 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.

Article 2 (Definitions)

The terms used in this Act are defined as follows: <Amended on Mar. 21, 2012; Mar. 23, 2021; Dec. 28, 2021>

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

Article 1 ~ 2

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, assignment of support staff, provision of assistive technology devices, provision of learning aids, school attendance support, and information access support;

3. The term "person eligible for special education" means a person selected as one requiring special education under Article 15;

4. The term "special education teacher" means a teacher who has the teacher's license of special school as prescribed in subparagraph 4 of Article 2 of the Elementary and Secondary Education Act and who is in charge of education of persons eligible for special education;

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;

Article 2

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 persons with disabilities 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

Article 2

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;

12. The term "school at each education level" means any kindergarten specified in subparagraph 2 of Article 2 of the Early Childhood Education Act and any school specified in Article 2 of the Elementary and Secondary Education Act.

Article 3 (Compulsory Education)

(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 infants with disabilities 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

Article 3

the obligation of school attendance, they shall have the right to receive the compulsory education by the age added by the relevant year. <Amended on Mar. 23, 2021>

(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 or 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 or her disability. <Amended on Mar. 23, 2021>

(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 persons with disabilities: <Amended on Feb. 21, 2018>

1. Discrimination in provision of special education-related services under Article 28;

Article 4

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 guidance on student life, referred to in Article 4 of the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights.

CHAPTER II DUTIES OF STATE AND LOCAL GOVERNMENTS

Article 5 (Duties of the State and Local Governments)

(1) The State and

Article 5

a local government shall execute any of the following duties to provide persons eligible for special education with appropriate education: <Amended on May 29, 2016; Dec. 19, 2017>

1. Establishment of a comprehensive plan for special education for persons with disabilities;

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

Article 5

eligible for pecial education;

10. Taking measures for the higher education for persons with disabilities;

11. Taking measures for the provision 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 on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013; Feb. 3, 2016>

Article 5

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

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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

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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 on Dec. 30, 2013>

(4) Matters necessary for the education and training under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2013>

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. <Amended on Mar. 23, 2021>

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

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commiee under he conrol of he head of a disric 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 on Feb. 29, 2008; 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 Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"), respectively. <Amended on Dec. 10, 2019>

Article 11 (Installation and Operation of Special Education Support Centers)

(1) A superintendent of education shall install and operate a special education support center for City/Do Offices of Education and 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 for faculty and learning activity, provision of special education-related service, itinerant education, etc. <Amended on Dec. 10, 2019>

Article 11

(2) A special education support center under paragraph (1) shall be installed in a City/Do Office of Education, 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 persons with disabilities). <Amended on Dec. 10, 2019>

(3) Necessary matters concerning the establishment, operation, etc. of a special education support center shall be prescribed by Presidential Decree. <Amended on Dec. 10, 2019>

Article 12 (Annual Report on Special Education)

(1) The Minister of Education shall submit a report on the present status of major issues and policies about special education to the National Assembly before the regular session of the National Assembly opens every year. <Amended on Dec. 10, 2019; Dec. 28, 2021>

(2) The report referred to in paragraph (1) shall include the results of a fact-finding survey on human rights of persons eligible for special education referred to in Article 13 (3). <Newly Inserted on Dec. 10, 2019>

Article 13 (Survey on Actual Status of Special Education)

(1) The Minister of Education shall conduct a survey on actual status every three

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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 on Feb. 29, 2008; Mar. 23, 2013; Dec. 22, 2015>

(2) When the Minister of Education deems it necessary to improve the educational conditions of students with disabilities who attend a university, he or she may conduct a survey on actual status of the education and welfare, etc. of the students with disabilities every three years and shall publicly announce the results thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 22, 2015>

(3) The Superintendent of an Office of Education shall conduct a fact-finding survey on the human rights infringement every year as prescribed by Presidential Decree and report the results thereof to the Minister of Education. <Newly Inserted on Dec. 10, 2019>

(4) The Minister of Education and Superintendent of an Office of Education, if necessary for conducting a survey on actual status under paragraph (1) and (3), 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.

Article 13

(5) The details and methods of investigations under paragraphs (1) through (3) and other matters necessary for such investigations shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015; Dec. 10, 2019>

Article 13-2 (Establishment and Operation of System for Reporting on Human Rights Infringement Cases)

(1)Anyone who sees or learns about human rights violations against persons subject to special education shall immediately report it to related institutions such as schools.

(2) The Superintendent of an Office of Education shall establish and operate a reporting system to promptly report and detect human rights violations committed against persons eligible for special education.

(3) Upon receipt of a human rights infringement case by the reporting system under paragraph (2), the Superintendent of an Office of Education may require public officials under his or her jurisdiction to investigate the relevant human rights infringement case. In such cases, the method, procedure, etc. for investigation shall be prescribed by Presidential Decree.

(4) The Superintendent of an Office of Education shall report the results of the investigation of a human rights infringement case under

Article 13-2

paagaph (3) to the Ministe of Education.

[This Article Newly Inserted on Dec. 10, 2019]

CHAPTER III SELECTION OF PERSON ELIGIBLE FOR SPECIAL EDUCATION AND SCHOOL PLACEMENT

Article 14 (Early Detection of Disabilities)

(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 or she shall request the head of each district office of education or a superintendent of education to diagnose or

Article 14

evaluate them: Provided, That if the head of a school at each education level requests diagnosis or evaluation, he or 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 or 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 have 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 on Feb. 3, 2016; Mar. 23, 2021; Dec. 28, 2021>

1. Visual impairments;

2. Hearing impairments;

Article 15

3. Mental impairments;

4. Physical impairments;

5. Emotional disturbance or behavioral disorder;

6. Autism (including the relevant disabilities);

7. Speech impairments;

8. Learning disabilities;

9. Health impairments;

10. Developmental delays;

11. Other disabilities prescribed by Presidential Decree, such as a combination of two or more disabilities.

(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

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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 Specia

Article 16 ~ 17

l 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 relevant special education management committee and shall educate them: <Amended on Mar. 23, 2021>

1. Regular classes at a regular school;

2. Special classes at a regular school;

3. Special schools.

(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 or she shall comprehensively determine the level of disability, the ability of such persons, and the opinion of the care giver, etc., and shall place them to a 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 or 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

Article 17

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. <Amended on Mar. 23, 2021>

(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 Infants with Disabilities)

(1) Care givers of infants with disabilities 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 infants with disabilities 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 infants with disabilities placed under paragraph (2) stay at a medical institution, welfare facility, home, etc., their itinerant

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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 infants with disabilities.

(5) Other matters necessary for education support for infants with disabilities shall be prescribed by Presidential Decree.

Article 19 (Care Givers' Obligation)

(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 on Jun. 7, 2011>

(3) If persons whose obligation to attend school is exempted or postponed under

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paragraph (2) intend to re-enter a school, they may do so, as prescribed by Presidential Decree. <Amended on Mar. 23, 2021>

Article 20 (Operation of Curriculum)

(1) The curriculum for the kindergarten, elementary school, middle school, and high school of a special educational institution shall be determined by the National Education Commission 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 from a superintendent of education. <Amended on Feb. 28, 2008; Mar. 23, 2013; Dec. 10, 2019; Jul. 20, 2021>

(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). <Amended on Dec. 10, 2019>

(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.

[Enforcement Date: Jul. 21, 2022] Article 20

Article 21 (Integrated Education)

Article 20 ~ 21

(1) The head of a school at each education level shall apply his or her best endeavor to realize the principle of integrated education in implementing the various policies on education. <Amended on Mar. 23, 2021>

(2) The head of a regular school where persons eligible for special education are placed under Article 17 shall establish and implement a comprehensive plan for education, which includes the adjustment of curriculum, assignment of support staff, provision of learning assistive devices, and training of teachers, etc. <Amended on Dec. 28, 2021>

(3) If the head of a regular school provides integrated education under paragraph (2), he or 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

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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 under paragraph (2) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 23 (Support for 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 for 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

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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 on Feb. 29, 2008; Mar. 23, 2013>

(3) Schools at each education level which install major departments may receive the recognition of credits in accordance with Article 7 of the Act on Recognition of Credits.

Article 24

(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)

(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) The Minister of Education or the superintendent of education shall, if necessary for the education of persons eligible for special education who have unavoidable absence for a short-to-long term absence, implement an itinerant education or a remote class. <Amended on Oct. 20, 2020>

(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. <Amended on Oct. 20, 2020>

(4) The head of each

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district office of education or a superintendent of education shall take necessary measures to provide itinerant education under paragraph (3), such as installing and operating classes at medical institutions and welfare facilities, etc. and assigning teachers in charge thereof and shall provide psychological and emotional support to students so that they may return to school smoothly. <Newly Inserted on Dec. 22, 2015; Dec. 28, 2021>

(5) The State and a local government shall provide administrative or financial support as prescribed by Presidential Decree for the medical institutions and welfare facilities, etc. where classes under paragraph (4) are installed and operated, to realize the education equal to those of the national or public special educational institution. <Newly Inserted on Dec. 22, 2015; Dec. 28, 2021>

(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 on Dec. 22, 2015; Oct. 20, 2020>

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

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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 on 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 on Mar. 21, 2012>

[Title Amended on 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 at each education level shall install a class and a 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;

Article 27

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), in cases of a class with a person eligible for special education who has two or more disabilities and whose degree of disability is severe, the superintendent of education may reduce the standards for installation of the class by up to 1/2; and in cases of itinerant education, he or she may lower the standards for installation of the class according to the degree and type of disability. <Amended on Dec. 28, 2021>

(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 and parent education to persons eligible for special education and their family. <Amended on Dec. 10, 2019>

(2) A superintendent of education shall, if necessary, provide persons eligible for special education with therapeutic support, such as physical treatment and work therapy. In such cases, it shall be ensured that customized remedial support is provided in consideration of the type and degree of disability of persons

Article 28

eligible for special education. <Amended on Mar. 23, 2021; Dec. 28, 2021>

(3) A superintendent of education shall support the head of a school at each education level so that such head may provide support staff if necessary for persons eligible for special education. <Amended on Dec. 28, 2021>

(4) The head of a school at each education level shall provide the facilities, such as various teaching equipment for persons with disabilities, 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 prepare measures to support commuting to school, such as support for school vehicles, support for school expenses, and arrangement of support staff for special education for the convenience of those eligible for special education. <Amended on Dec. 28, 2021>

(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 on Feb. 29, 2008; Mar. 23, 2013; Apr. 5, 2013>

Article 28

(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 on 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. <Amended on Apr. 5, 2013>

(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 on Apr. 5, 2013>

CHAPTER V HIGHER EDUCATION

Article 29 (Special Support Committees)

(1) The head of a university shall install and operate a special support committee in order to deliberate on and determine the following:

1. University's plan for support for students with disabilities;

Article 29

2. Deliberation and determination of a request for re-determination;

3. Other matters prescribed by Presidential Decree, for support for students with disabilities.

(2) Necessary matters concerning the installation and operation of the special support committee shall be prescribed by Presidential Decree.

Article 30 (Support Centers for Students with Disabilities)

(1) The head of a university shall install and operate a support center for students with disabilities which exercises overall control of and takes charge of the support for the education and life of students with disabilities: Provided, That a small university, etc. where students with disabilities do not attend or the number of students with disabilities is less than the certain number prescribed by Presidential Decree may have the support division for students with disabilities or person in exclusive charge of them in lieu thereof. <Amended on Mar. 23, 2021>

(2) A support center for students with disabilities (in cases of having a support division of the students with disabilities or a person in exclusive charge under paragraph (1), such division or person) shall take charge of the following duties: <Amended on Mar. 23, 2021; Dec. 28, 2021>

1. Matters on

Article 30

various support for students with disabilities;

2. Matters on provision of conveniences prescribed in Article 31;

3. Matters on education of teachers and support staff, etc.;

4. Matters on actual status survey on educational welfare for students with disabilities;

5. Other matters referred by the head of a university.

(3) Necessary matters concerning the installation and operation of the support center for students with disabilities shall be prescribed by Presidential Decree.

Article 31 (Provision of Conveniences)

(1) The head of a university shall actively seek and provide the following support for the convenience of the educational activities of students with disabilities who attend the relevant university: <Amended on Dec. 28, 2021>

1. Material support, such as various kinds of learning assistive devices and assistive technology devices;

2. Provision of human resources, such as assignment of training support staff;

3. Support for school

Article 31

attendance convenience;

4. Support for information access;

5. Support for installation of convenience facilities under subparagraph 2 of Article 2 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers.

(2) The head of a university shall actively employ and provide measures necessary for the convenience of examinees with disabilities taking examination among those of measures of each subparagraph in Article 14 (1) of the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights in the admission screening test of the relevant school. <Newly Inserted on Dec. 22, 2015>

(3) The State and a local government shall support the necessary costs under paragraph (1) and (2) within the scope of budget. <Amended on Dec. 22, 2015>

(4) For supporting information access under paragraph (1) 4, the head of a university shall provide convenience prescribed by Presidential Decree for video materials used in class, such as screen explanation, closed captions, and sign language interpretation, for students with disabilities. <Newly Inserted on Dec. 28, 2021>

Article 32 (Establishment of School Regulations)

The head of a

Article 32

university shall stipulate in the school regulations the following details concerning support, etc. for students with disabilities prescribed by this Act: <Amended on Dec. 28, 2021>

1. Matters concerning support for learning of students with disabilities;

2. Matters concerning management of the admission process, including admission tests of students with disabilities;

3. Matters concerning provision of convenience to support information access of students with disabilities to video materials used in class;

4. Other matters necessary for the convenience of educational activities of students with disabilities.

Article 33 Deleted. <May 29, 2016>

Article 34 Deleted. <May 29, 2016>

CHAPTER VI SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS

Article 35 (Request for Re-Determination for University's Determination)

(1) Students with disabilities and their care givers may request in writing a

Article 33 ~ 35

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) Students with disabilities 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 or 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

Article 36

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);

3. Placement in schools under Article 17 (1);

4. Unfair discrimination in violation of Article 4.

(2) If the head of a school at each education level to which 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 the relevant Si/Gun/Gu special education management committee or City/Do special education management committee. <Amended on Mar. 23, 2021>

Article 36

(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 on Feb. 29, 2008; Mar. 23,

Article 37

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)

The following persons shall be punished by imprisonment with labor for not more than one year or by 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 on May 29, 2016]

[Previous Article 38 moved to Article 38-2 <May 29, 2016>]

Article 38-2 (Penalty Provisions)

Article 38 ~ 38-2

Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Dec. 21, 2018>

1. Deleted; <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; <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 guidance on student life, commits a discriminatory act referred to in Article 4 of the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights, in violation of Article 4 (2) 6.

[Moved from Article 38 <May 29, 2016>]

ADDENDA <Act No. 8483, May 25, 2007>

Article 1 (Enforcement Date)

Addenda

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)

Addenda

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.)

Addenda

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.

Addenda

(2) Omitted.

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.

Addenda

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

Addenda

Article 5 (1) 6.

ADDENDA <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.

ADDENDUM <Act No. 16746, Dec. 10, 2019>

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 12 (2) and 13 (3) through (5), and 13 (2) shall enter into force one month after the date of its promulgation.

ADDENDUM <Act No. 17494, Oct. 20, 2020>

This Article shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 17954, Mar. 23, 2021>

This Act shall enter into force on the date of its promulgation. (Proviso

Addenda

Omitted.)

ADDENDA <Act No. 18298, Jul. 20, 2021>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 18637, Dec. 28, 2021>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 12 shall enter into force on the date of the promulgation.

Article 2 (Transitional Measures concerning Change of Name of Assistants)

Assistants providing services as at the time this Act enters into force shall be deemed support staff under the amended provisions.

Addenda

ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES
- Articles
- Addenda

1. 장애인 등에 대한 특수교육법

2022-10-18 / 제18992호 / 시행 2023-04-19
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

2. 장애인 등에 대한 특수교육법

2021-12-28 / 제18637호 / 시행 2021-12-28
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

3. 장애인 등에 대한 특수교육법

2021-07-20 / 제18298호 / 시행 2022-07-21
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

4. 장애인 등에 대한 특수교육법

2021-03-23 / 제17954호 / 시행 2021-03-23
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

5. 장애인 등에 대한 특수교육법

2020-10-20 / 제17494호 / 시행 2021-04-21
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

6. 장애인 등에 대한 특수교육법

2019-12-10 / 제16746호 / 시행 2019-12-10
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

7. 장애인 등에 대한 특수교육법

2018-02-21 / 제15367호 / 시행 2018-05-22
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

8. 장애인 등에 대한 특수교육법

2017-12-19 / 제15234호 / 시행 2017-12-19
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

9. 장애인 등에 대한 특수교육법

2016-05-29 / 제14160호 / 시행 2017-05-30
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

10. 장애인 등에 대한 특수교육법

2016-05-29 / 제14156호 / 시행 2016-05-29
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

11. 장애인 등에 대한 특수교육법

2016-02-03 / 제13978호 / 시행 2016-08-04
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

12. 장애인 등에 대한 특수교육법

2016-02-03 / 제13941호 / 시행 2016-02-03
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

13. 장애인 등에 대한 특수교육법

2015-12-22 / 제13575호 / 시행 2016-06-23
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

14. 장애인 등에 대한 특수교육법

2013-12-30 / 제12127호 / 시행 2013-12-30
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

15. 장애인 등에 대한 특수교육법

2012-03-21 / 제11384호 / 시행 2012-03-21
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

16. 장애인 등에 대한 특수교육법

2012-03-21 / 제11382호 / 시행 2012-03-21
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

17. 장애인 등에 대한 특수교육법

2010-06-04 / 제10339호 / 시행 2010-07-05
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES

18. 장애인 등에 대한 특수교육법

2008-02-29 / 제8852호 / 시행 2008-05-26
ACT ON SPECIAL EDUCATION FOR PERSONS WITH DISABILITIES