VIII. REPUBLIC of KOREA

C. The Special Education Promotion Law

(Amended on January 7th, 1994)

Chapter 1.

General Provisions

Article 1 (Purpose)

The purpose of the Law is to provide stabilization of livelihood and expansion of social participation for students with disabilities subject to administration of national and local governments by establishing capacity of self-reliance through provision of appropriate and equal educational opportunity and promotion of special educational methods and conditions.

Article 2 (Definition)

The terms used in the Law are defined as follows:

"Special Education" is defined as providing children with disabilities with educational programs, therapy, and vocational guidance using appropriate curricula, educational methods, and educational media commensurate with their characteristics.
"Children with Disabilities" is defined as people who are determined as requiring special education under the provision of Article 10 of the Law.
"Special Education Institute" is defined as special kindergarten, special school, and special class in regular school where providing children with disabilities with educational programs at the kindergarten through high school (including post high school program) levels.
"Special Class" is defined as a class in regular school under high school level to provide integrated programs as a full-day, half-day, special units, or itinerant educational programs commensurate with capacities of children with disabilities.
"Itinerant Education" is defined as special education programs provided by special educational personnel to children with disabilities who are at home, medical institutes, schools, and other facilities.
"Integrated Education" is defined as providing children with disabilities with special education at regular schools as usual or temporary bases for development of social adaption abilities at the normal environment.
"Therapeutic Education" is defined as activities such as psychological therapy, speech therapy, physical therapy, occupational therapy, orientation and mobility, auditory training, and adaptive skill training to supplement dysfunctions caused by the disability as well as to restore functional abilities of children with disabilities.

Article 3 (Responsibility of National and Local Governments)

Paragraph 1. National and local government should take steps to promote special education in the following areas:

Formulation of a comprehensive special education promotion plan;
Therapeutic education for children with disabilities to recover the functions of daily life;
Academic educational services for children with disabilities;
Research for improvement of special education curriculum and instructional methods;
Preservice and inservice for special education teachers;
Foundation, management, and expansion of special institutes and improvement of equipment and facilities;
Research and development of special education texts, instructional and other supplemental instruments;
Deliberation of vocational guidance;
Planning for providing special educational opportunities;
Research and improvement for special education support system;
Other necessities for the promotion of special education.

Paragraph 2. National and local governments may provide financial aid in priority order for the execution of Paragraph 1 above within the limits of budgetary appropriation.

Article 4 (Committee on Special Education)

Paragraph 1. A National Committee on Special Education (hereinafter referred to as "National Committee") under the Ministry of Education and Local Committees on Special Education (hereinafter referred to as "Local Committee") under the local governments shall be established to advise on major special education policies.

Paragraph 2. The role, qualification of the members, and management of the National and Local Committees under the provision of Paragraph 1 above shall be specified by the Presidential Decree.

Article 5 (Compulsory Education etc.)

Paragraph 1. Education for children with disabilities at elementary and middle school levels are compulsory and education for children with disabilities children, who are attending kindergarten and high school levels are free of charge.

Paragraph 2. The expenses for compulsory and free education prescribed in Paragraph 1 above are provided by the national and local governments as defined by the Presidential Decree.

Article 6 (Financial Aid for Private Special Education Institutes)

National and local governments shall provide financial aid within the budgetary limits to provide private special education institutes for management, facilities, experiment and practice, vocational guidance, teacher salary, and other expenses for special education.

Article 7 (Consign Special Education to Private Institutes)

National and local governments may consign special education to private institutes in case of lack of national facilities or providing compulsory education for children with disabilities as necessary.

Article 8 (Measures for Early Childhood Special Education)

National and local governments should take measures on early identification, teacher training, educational equipment and facilities to promote early childhood special education at kindergarten level.

Article 9 (Annual Report on Special Education)

Government should submit a annual report on major policies of special education to Parliament before opening the regular meeting.

Chapter 2.

Screening and EnrolLment of Children Who Need Special Education

Article 10 (Screening out of Special Education Target Population)

Paragraph 1. Special education target population are screened out as children who need special education by making assessment among children with disabilities as one of the following areas:

Visual impaired
Hearing impaired
Mentally retarded
Physically impaired
Emotionally disturbed (including autism)
Speech impaired
Learning disabilities
Otherwise physically and psychologically impaired

Paragraph 2. Special education target population mentioned in Paragraph 1 above entering under high school level are screened out by the Superintendent at local government and otherwise are screened out by the National Committee under the Ministry of Education.

Paragraph 3. The statements of parents or guardian should be made in the process of screening out special education target population otherwise parents do not present at the place without due reasons.

Paragraph 4. The criteria and procedures of assessment, evaluation, and notice to parents for special education target population shall be specified by the Presidential Decree.

Article 11 (Placement of Schools)

Paragraph 1. For the placement of schools under high school level, the special education target population may apply directly for schools or ask the placement to Superintendent of Education at local government (hereinafter referred to as "Superintendent").

Paragraph 2. With the request of Paragraph 1 above, the Superintendent should place the student with disabilities into the appropriate school after assessment of the student by the Local Committee on Special Education. The superintendent may place the student into special schools in other province or national special school after consultation with Superintendent or principals of the place for student to attend.

Paragraph 3. Under the provision of Paragraph 2, the Committee on Special Education should place student after determining the degree of disability, level of ability, residential place comprehensively as well as opinions of student's parents.

Paragraph 4. Under the provision of Paragraph 2, the school principal should follow the decision of student placement without due reasons prescribed by the Presidential Decree.

Paragraph 5. Under the provision of Paragraphs 1 and 2, placement of school, request of placement, and assessment procedures for student with disabilities shall be specified by the Presidential Decree.

Article 12 (Convenience for School Attendance etc.)

Paragraph 1. Special schools should establish and operate boarding facilities and/or run school bus for the convenience of school attendance of children with disabilities.

Paragraph 2. Special schools operating boarding facilities should employ qualified guidance staffs defined by the Enforcement Decree of the Minister of Education for guidance and protection of children with disabilities.

Paragraph 3. Superintendent should provide students with disabilities in the district who are unable to commute with boarding facilities or expenses for boarding and meals.

Article 13 (Prohibition of Discrimination etc.)

Paragraph 1. When children with disabilities want to enter schools at any level, the principal should not take any actions that would put these students at a disadvantage. Such actions include refusing to receive applications, denial of acceptance to those who passed entrance examinations, and other disciplinary actions due to disabled condition.

Paragraph 2. Special school principals at all school levels should take appropriate measures to provide appropriate convenience for entrance examination and schooling for children with disabilities based on types and degree of disability.

Chapter 3.

Expansion of Special Education Methods

Article 14 (Itinerant Education etc.)

Paragraph 1. Superintendent should provide itinerant education as necessary for children with disabilities who receive integrated education at all school levels.

Paragraph 2. Superintendent should take measures to provide itinerant education for people who have passed school age or are committed to rehabilitation institutes for people with disabilities, children's welfare facilities, medical facilities, or home.

Article 15 (Integrated Education)

Paragraph 1. Without due reasons, school principals at regular schools should follow the request from special education target population or their parents for integrated education.

Paragraph 2. School principals at regular schools should provide materials and equipments necessary for integrated special education and establish barrier-free facilities such as ramp, hand-rail, adjusted bathroom, and adjusted desk and chair within the limits of budgetary appropriations.

Article 16 (Individualized Education)

Principals at all school levels should conceive a plan to provide appropriate individualized education program for children with disabilities to develop their ability as much as possible.

Article 17 (Parents/Guardian Education)

Principals at all school levels should plan parents/guardian education in the areas of special education, therapy, and vocation for children with disabilities and implement the plan when parents/guardian requested such an education or school principals recognized it as necessary.

Article 18 (Therapeutic Education)

Paragraph 1. The heads of special education institutes should administer medical examinations and determine the degree of functional skills for daily living to children with disabilities at regular intervals.

Paragraph 2. The heads of special education institutes should take appropriate measures for those who need correction based on the results of medical examinations and determination mentioned in Paragraph 1 above.

Article 19 (Placement of Personnel for Therapeutic Education)

Paragraph 1. The special education institutes should employ personnel who provide therapeutic education.

Paragraph 2. The qualification and placement criteria who provide therapeutic education is defined by the Presidential Decree.

Article 20 (Vocational Education)

Paragraph 1. The heads of special education institutes should equip vocational training facilities for children with disabilities to provide them with vocational education.

Paragraph 2. The special education institutes establishing above middle school level should employ qualified vocational teachers specified by the Presidential Decree to provide vocational counselling and guidance.

Article 21 (Post High School Specialized Program)

Paragraph 1. The special education institutes establishing a high school may provide a post high school specialized technical program during more than one year.

Paragraph 2. Minister of Education and Superintendent may appoint special education institutes for establishing post high school specialized program by region or type of disabilities.

Article 22 (Career Education)

The heads of special education institutes should provide career education to help special education target population plan their career and choose their occupations.

Chapter 4.

Supplementary Rules

Article 23 (Qualification Improvement of Special Education Personnel)

Paragraph 1. National and local governments should provide education and inservice training to improve qualification of special education personnel at regular basis.

Paragraph 2. Education and inservice training mentioned in Paragraph 1 above is defined by the Enforcement Decree of the Minister of Education.

Article 24 (Providing Scholarship etc.)

Paragraph 1. National and local governments may provide scholarships to children attending special education institutes within the limits of budgetary appropriations.

Paragraph 2. School heads in regular schools should take measures to reduce entrance fees, registration and other school fees for children with disabilities attending their schools.

Article 25 (Curriculum and Texts)

Paragraph 1. The curriculum for special education is determined by the Minister of Education based on the curriculum courses and types of disability.

Paragraph 2. Texts and related books for special education of children with disabilities are provided free of charge.

Paragraph 3. Writing, authorization, publication, distribution, and determining the price of special education texts shall be defined by the Presidential Decree.

Article 26 (Request for Reconsideration)

Paragraph 1. In case of an objection to the steps taken by the Minister of Education or Superintendent in each of following items, children with disabilities or their parents may apply to the Committee on Special Education for reconsideration.

Screening out of special education target population prescribed in Paragraphs 1 and 2, Article 10.
Placement of schools prescribed in Paragraph 2, Article 11.

Paragraph 2. The heads of special institutes may apply to the Committee on Special education for reconsideration when they face due reasons not to follow the placement decision for children with disabilities.

Paragraph 3. Upon the receipt of an application for reconsideration mentioned in Paragraphs 1 and 2 above, the Committee on Special Education shall conclude its judgement within 30 days and notify the result to the concerned applicant.

Paragraph 4. In case of an objection to the results of the judgement specified in Paragraph 3 above, the applicant may submit an appeal within 60 days from the date of receipt of the notice.

Paragraph 5. The procedures for requesting reconsideration, judgement, appeal, and notification shall be specified by the Presidential Decree as necessary.

Article 27 (Delegation of Authority)

Paragraph 1. Minister of Education may delegate part of their authority provided by this law to Superintendents of local governments as defined by the Presidential Decree.

Paragraph 2. Superintendents may delegate part of their authority provided by this law to Superintendents of school districts as defined by the Presidential Decree.

Chapter 5.

Penal Provisions

Article 28 (Penal Provisions)

The heads of special institutes violating the provision of Paragraphs 2 and 4 of Article 11, a request from Superintendent to place children with disabilities without due reason, shall be fined up to a maximum of 500,000 Won.

Addenda

(Date of Enforcement)
This Law shall come into effect on the date of July 1, 1994.
(Interim Measures for Special Education Target Population)
At the time of enforcement of this law, the special education population determined by the previous Special Education Promotion Law and enrolled to school at all levels shall be considered as special education population under the provision Article 10 of this Law.

3. The Presidential Decree of Special Education Promotion Law

(Promulgated on October 4th, 1994)

Article 1 (Purpose)

The purpose of this Decree is to define the delegated part of the Special Education Promotion Law (hereinafter referred to as "Law") and things necessary to implement the Law.

Article 2 (National Committee on Special Education)

The National Committee on Special Education (hereinafter referred to as "National Committee") under the Ministry of Education established under the provision of the Article 4 of the Law to deliberate and recommend each of the following items:

Basic policy on special education;
Short and long-term plan to promote special education;
Improvement of special education system;
Assessment of special education target population;
Deliberation and decision requested for reconsideration to the Minister of Education prescribed by the Article 26 of the Law;
Other necessary things to promote special education referred by the Minister of Education.

Article 3 (Local Committee on Special Education)

Paragraph 1. The Local Committee on Special Education (hereinafter referred to as "Local Committee") in Seoul city, five metropolitan cities, and provinces established under the provision of Article 4 of the Law deliberate and recommend each of the following items:

Assessment of special education target population;
Determination of the school placement defined by the Paragraph 2, Article 11 of the Law;
Deliberation and decision requested for reconsideration to the Superintendent prescribed by the Article 26 of the Law;
Change of consigned private special education institutes;
Other things to promote special education referred by the Superintendent.

Paragraph 2. Local Committee is composed of a chairman and eight to twelve members.

Paragraph 3. Chairman of the Local Committee shall be Vice-Superintendent and committee members shall be appointed by the chairman among school principals, assistant principals, special education teachers, government officers working at special education, medical doctor, and parents of children with disabilities.

Paragraph 4. The term of the committee members except government officers shall be two years, but may be reappointed.

Article 4 (Meeting of Local Committee on Special Education etc.)

Paragraph 1. The Local Committee meeting shall be held by the request from the chairman or Superintendent.

Paragraph 2. The Local Committee meeting shall be held with the presence of at least half of the members and resolved with approval of at least half of the members attendant.

Paragraph 3. Other necessary things for the management of Local Committee which are not defined in the Decree shall be specified by the chairman with resolution of the committee members.

Article 5 (Extent of Free Education)

Under the provision of Article 5, national or local governments should pay expenses for compulsory and free education including for entrance fees, registration fees, and cost of texts.

Article 6 (Consultation of Consigned Special Education etc.)

Paragraph 1. Under the provision of Article 7, Minister of Education or Superintendent should consult with heads of special education institutes regarding number of special education target population, years of special education provided, etc., at least 10 months in advance to provide consigned special education program.

Paragraph 2. Superintendent should support to provide the consigned private special education institutes with facilities and general educational conditions at the equal level of national or public ones.

Article 7 (Cancellation of Consigned Special Education)

Paragraph 1. Superintendent may cancel the consigned special education program under the provision of Article 6 in case of one of the following:

The curriculum of the institute is not operated normally;
Consigned special education is no longer needed;
Superintendent recognizes that the cancellation as being inevitable.

Paragraph 2. With plan to cancel the consigned special education program, Superintendent should give the opportunity for personnel in the consigned special education institutes to express their statements by oral or mail above 30 days of period.

Article 8 (Change of Consigned Special Education)

Paragraph 1. Special education target population or their parents may request Superintendent to change of consigned private special education institute when they determine consigned education as not appropriate for needs or characteristics of children with disabilities.

Paragraph 2. Upon the receipt of an application for change of consigned special education institute mentioned in Paragraph 1 above, the Superintendent shall hold Local Committee to hear concerns from the applicant and head of special education institute and judge the change of consigned special education within 30 days and notify the result to the concerned applicant.

Article 9 (Selection of Special Education Target Population)

Paragraph 1. Under the provision of Article 10, persons who want to be selected as special education target population or their parents should apply for selection to the Minister of Education or Superintendent.

Paragraph 2. Upon the receipt of an application for selection of special education target population mentioned in Paragraphs 1 above, the Minister of Education Superintendent shall hold National or Local Committees to assess the applicant and decide its eligibility for special education and notify the result to the concerned applicant immediately.

Article 10 (Placement of Schools)

Paragraph 1. When Superintendent is requested school placement of special education target population under the provision of Paragraphs 1 and 2 of Article 11 of the Law, he shall hold the Local Committee meeting to decide which school to be attended and notify to the applicant and principal of special school for the applicant to attend by mail.

Paragraph 2. When Superintendent decides school placement under the provision of Paragraph 1 above, he should consider capacity of the school, management condition of the school, and disability level of the applicant with disabilities.

Paragraph 3. With request of regular school placement from children with disabilities under the provision of Paragraph 1 above, Superintendent should place the student into the regular school in neighbour regardless of its regular number of the school.

Paragraph 4. School principal who is requested school placement from special education target population directly under the provision of Paragraph 1, Article 11 of the Law, he should notify the application status to the Superintendent immediately.

Paragraph 5. With due reasons to place children with disabilities from regular school to special education institute, Superintendent should notify the decision to children with disabilities or their parents and give an opportunity to express their statements regarding the placement.

Article 11 (Objection to Placement)

Under the provision of Paragraph 4, Article 11 of the Law, heads of all school levels may not follow the decision of placement of children with disabilities due to one of the following reasons:

In case of students enrolled in the school exceed regular numbers more than 10 per cent already;
When a special school cannot provide effective educational programs because of mismatching between types of children with disabilities and types of special school programs provided.

Article 12 (Placement of Itinerant Teacher)

Superintendent may place itinerant teacher into the special school located in the extent of jurisdiction to provide itinerant education.

Article 13 (Inservice Training on Special Education)

Superintendent should include special education as a part of inservice curriculum in case of providing inservice training for teachers.

Article 14 (Writing Individualized Education Program)

Paragraph 1. Under the provision of Article 16 of the Law, principals at all school levels should write an individualized education program for each child with disabilities to implement individualized education effectively. In the process of writing the individualized education program, the opportunity for children with disabilities or their parents to express their opinions should be provided.

Paragraph 2. Heads of all levels of special education institutes should write the individualized education program before starting the each semester under the provision of Paragraph 1 above. Otherwise the individualized education program should be written within 30 days from the placement when children with disabilities are placed into the school during the semester.

Article 15 (Medical Examination etc.)

Under the provision of Paragraph 1, Article 18 of the Law, the heads of special education institutes should administer medical examinations and determination of the degree of functional skills for daily living for children with disabilities more than two times per year.

Article 16 (Qualification and Placement Criteria of Personnel for Therapeutic Education)

Paragraph 1. Under the provision of Paragraph 1, Article 19 of the Law, personnel for therapeutic education in special education institute should have one of the following qualification:

Personnel having regular or assistant teacher licenses in therapy;
Personnel having regular or assistant special education teacher licenses with license of therapeutic education including physical therapy and occupational therapy.

Paragraph 2. Under the provision of Paragraph 1 above, the number of therapeutic personnel is determined as follows:

One personnel should be placed for the first six classes in special schools for children with mental retardation, physical disabilities, emotional disturbances (including autism), and multiple disabilities. An additional personnel should be added for every twelve classes after that.
One personnel should be placed for each twelve classes in special schools for children with other disabilities mentioned in Paragraph 1 above. An additional personnel should be added for every twelve classes after that.

Article 17 (Qualification of Personnel for Vocational Education)

Paragraph 1. Under the provision of Paragraph 2, Article 20 of the Law, personnel for vocational education in special education institutes where installed above middle school level should have one of the following qualification:

Personnel having regular, assistant teacher, or practical training licenses with technical license or master degree in vocational rehabilitation;
Personnel majored vocational rehabilitation at the university.

Article 18 (Post High School Program)

Paragraph 1. Under the provision of Paragraph 1, Article 21 of the Law, the special education institutes establishing a post high school specialized technical program may decide its term by considering the type of disabilities and specialization of majoring areas.

Paragraph 2. Under the provision of Paragraph 2, Article 21 of the Law, Minister of Education can consult with Minister of Labour regarding majoring area of the post high school specialized program.

Article 19 (Curriculum and Text)

Paragraph 1. Under the provision of Paragraph 3, Article 25 of the Law, writing, authorization, publication, distribution, and determining the price of special education texts shall be applied to the Regulation on Curriculum and Text.

Paragraph 2. Under the provision of Paragraph 3, Article 25 of the Law, free braille texts for children with visual impairment can be carried out by proxy by agencies where equipped braille translation facilities.

Article 20 (Reconsideration)

Paragraph 1. Upon receipt of an application for reconsideration under the provision of Paragraphs 1 and 2, Article 26 of the Law, National and Local Committees should be held to deliberate the reconsideration appeals.

Paragraph 2. The Committee should provide applicants with opportunity to express their opinions in the process of Committee meeting.

Paragraph 3. The Committee should listen the statements of applicant and may ask additional oral questions as necessary.

Paragraph 4. After decision of reconsideration appeal, the Committee should notice the results immediately.

Addenda

(Date of Enforcement)
This Decree shall come into effect on the promulgated date.
(Interim Measures on Consigned Education)
In spite of the provision of Paragraph 1, Article 6, consultation for consigned special education in 1995 should be held before by November 30, 1994.

4. Enforcement Decree of the Minister of Education

(Promulgated on April 28th, 1995)

Article 1 (Purpose)

The purpose of this Decree is to define the delegated part of the Special Education Promotion Law (hereinafter referred to as "Law") and the Presidential Decree of the Law (hereinafter referred to as "Presidential Decree") and other things necessary to implement the Law.

Article 2 (Selection of Special Education Target Population etc.)

Paragraph 1. Under the provision of Paragraph 1, Article 9 of the Presidential Decree, persons who want to be selected as special education target population or their parents at post high school level should submit to the Minister of Education the prescribed application form and copies of following documents:

Certificate of people with disabilities;
Written medical diagnosis;
Diploma of high school or certificate of high school qualification examination.

Paragraph 2. Under the provision of Paragraph 1, Article 9 of the Presidential Decree, persons who want to be selected as special education target population or their parents at high school level should submit to the Superintendent a prescribed application form and copies of following documents:

Certificate of people with disabilities;
Written medical diagnosis;
Diploma of middle school or certificate of middle school qualification examination.

Paragraph 3. Assessment instruments to select special education target population in each type of disabilities shall be based on the Appended Table 1 but may be added those used in different types of disabilities as necessary.

Paragraph 4. Under the provision of Paragraphs 1 and 2 above, Minister of Education and Superintendent shall notify to the applicants by making use of the prescribed forms as Appended.

Article 3 (Placement of Schools etc.)

Paragraph 1. Under the provision of Paragraph 2, Article 10 of the Presidential Decree, Superintendent shall decide school placement (entrance, reentrance, transferring) for special education target population to attend according to following priority:

Regular school providing integrated education for children with disabilities;
Special classes in regular schools;
Special schools;
Special schools located in other metropolitan cities or provinces.

Paragraph 2. Under the provision of Paragraph 4, Article 10 of the Presidential Decree, school principal shall notify the application status by making use of the prescribed form as Appended.

Article 4 (Application for Change of Consigned Special Education)

Under the provision of Paragraph 1, Article 8 of the Presidential Decree, special education target population or their parents who shall request Superintendent to change consigned private special education institute should submit the prescribed application form and copies of following documents:

Certificate of school enrollment;
Copy of resident registration.

Article 5 (Guidance Staffs)

Under the provision of Paragraph 2, Article 12 of the Law, the qualification of guidance staff in special school boarding facilities is one of as follows:

Personnel with teacher license;
Physical therapist, social worker, or nurser with high school diploma or similar level of academic career.

Paragraph 2. Under the provision of Paragraph 1 above, at least one guidance staff should be placed for ten children with disabilities. Otherwise one guidance staff may be placed for fifteen children with visual or hearing impairments at the middle or high school levels.

Article 6 (Expenses for Boarding and Meals)

Paragraph 1. Under the provision of Paragraph 3, Article 12 of the Law, special education target population or their parents who shall request Superintendent within the jurisdiction for expenses for boarding and meals by making use of the prescribed application form and copies of following documents:

Certificate of school enrollment;
Copy of resident registration;
Other documents necessary to calculate the expenses.

Paragraph 2. Under the provision of Paragraph 1 above, Superintendent should deliberate the applications within twenty days and provide the applicants with expenses for boarding and meals monthly.

Paragraph 3. Under the provision of Paragraph 1 above, Superintendent shall provide special education target population with expenses for boarding and meals in cases of the applied children with disabilities have been placed into schools beyond commute distance from their home considering their types and levels of disabilities or they are placed into special schools located in other cities or provinces due to the lack of special school facilities in the area of their residence.

Paragraph 4. Under the provision of Paragraph 1 above, Superintendent should notify to school principals the contents of expense payment for children attending their schools.

Article 7 (Providing Convenience for Entrance Examination and Schooling etc.)

Paragraph 1. School heads at all levels should take steps for the convenience of understanding and answering examinations for people with disabilities who apply examinations based on types and levels of disabilities or to provide special facilities.

Paragraph 2. School heads at all levels should provide equipment and facilities as necessary for instructional-learning activities of students with disabilities and grant maximum use of the facilities and personnel.

Article 8 (Curriculum)

Minister of Education may define curriculum commensurate to types and levels of children with disabilities to implement itinerant education under the provision of Article 14 and integrated education under the provision of Article 15 of the Law.

Article 9 (Management of Individualized Education etc.)

Paragraph 1. Under the provision of Article 16 of the Law and article 14 of the Presidential Decree, school heads at all levels may establish and operate a committee on individualized education in each school to establish and implement individualized education program effectively.

Paragraph 2. Under the provision of Paragraph 1 above, the committee on individualized education shall be composed of five to ten members including a chairman who will be a head of the school. Other necessary things on composition of committee and management shall be defined in regulations of the school.

Paragraph 3. Individualized education program should be comprised of personal data of child with disabilities, current level of learning performance, long-term and short-term objectives, initiation date and duration of program, educational methods, evaluation schedule and criteria, and other things defined by the committee.

Article 10 (Medical Diagnosis etc.)

Under the provision of Article 15 of the Presidential Decree, school heads at all levels should appoint medical doctor (including dentist and herb doctor) to administer medical examinations and determination of the degree of functional skills for daily living for children with disabilities.

Article 11 (Placement of Personnel for Therapeutic Education etc.)

Paragraph 1. Under the provision of Paragraph 1, Article 19 of the Law and Article 16 of the Presidential Decree, the heads of school should employ personnel with teacher certificate in the subject of therapeutic education as well as license in therapies (such as physical, occupational, or speech therapy) in the order of priority.

Paragraph 2. The types of disability and areas of therapeutic education should be matched in the placement of personnel for therapeutic education under the provision of Paragraph 1 above.

Article 12 (Qualification Improvement of Special Education Personnel etc.)

Under the provision of Article 23 of the Law, Minister of Education and Superintendent should administer education and inservice training to improve qualification of special education personnel more than one time per year.

Article 13 (Request for Reconsideration etc.)

Under the provision of Article 26 of the Law, children with disabilities, their parents, or school heads at all levels who request for reconsideration should submit the prescribed application form with the description of reasons for reconsideration to the National or Local Committees.

Addenda

(Date of Enforcement)
This Decree shall come into effect on the promulgated date.

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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Legislation on Equal Opportunities and Full Participation in Development for Disabled Persons: Examples from the ESCAP region
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