Article 1(Purpose) #
The purpose of this Decree is to stipulate the matters delegated by the Act on the Promotion of Education for the Handicapped (hereinafter re ferred to as the "Act") and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 18721, Feb. 28, 2005>
Article 2(Composition and Operation of Consultative Body of Education for Handicapped) #
The Minister of Education and Human Resources Development, the Min ister of Health and Welfare, and the Minister of Labor shall organize and operate a consultative body for mutual cooperation necessary for promoting education for the handicapped such as the interchange of information concerning such education under Article 3 (4) of the Act. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
[This Article Newly Inserted by Presidential Decree No. 15837, Jul. 16, 1998]
Article 2-2(Central Education Management Committee for Handicapped) #
(1) The function of the central education management committee for the handicapped (hereinafter referred to as the "central committee") which is installed under the control of the Minister of Education and Human Resources Development pursuant to Article 4 of the Act shall be fulfilled by the Policy Counsel Committee of the Ministry of Education and Human Resources Development under the Policy Counsel Committee Regulations. <Amended by Presidential Decree No. 15837, Jul. 16, 1998; Presidential Decree No. 15871, Aug. 26, 1998; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17426, Dec. 19, 2001; Presidential Decree No. 18721, Feb. 28, 2005>
(2) The central committee shall deliberate upon the following matters: <Amended by Presidential Decree No. 15837, Jul. 16, 1998; Presidential Decree No. 17115, Jan. 29, 2001>
1. Fundamental policy concerning the education for the handicapped;
2. Long-term or short-term development program of the education for the handicapped;
3. Improvement of the educational system for the handicapped;
4. Deleted; <by Presidential Decree No. 15837, Jul. 16, 1998>
5. Judgment and decision on the application for rejudgment, of the measures taken by the principal of a school, which is prescribed in Article 26 of the Act; and
6. Other matters necessary for the development of the education for the handicapped which are submitted for consideration by the Minister of Education and Human Resources Development.
Article 3(City/Do Education Management Committee for Handicapped) #
(1) The City/Do education management committee for the handicapped (hereinafter referred to as the "City/Do committee") which is installed under the control of the superintendent of the office of education pursuant to Article 4 of the Act shall deliberate upon the following matters: <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
1. Selection of the object of education for the handicapped who is to enter a senior high school under Article 10 (2) of the Act;
2. Designation of, and placement of the handicapped in, a school which is equivalent to the course of a senior high school under Article 11 (2) of the Act;
3. Judgment and decision on the application for the rejudgment under the provisions of Article 26 of the Act which is concerned with the measures taken by the superintendent of the office of education;
4. Judgment on the application for the change of the vicarious educational institution under the provisions of Article 8; and
5. Other matters presented for consideration by the superintendent of the office of education necessary for the development of the education for the handicapped.
(2) The City/Do committee shall be composed of members of not less than 8 but not more than 12 in which the chairman of the committee is included. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(3) The chairman shall be the vice superintendent of the office of education and the members of the committee shall be appointed or commissioned by the superintendent of the office of education among the persons of the following subparagraphs: <Amended by Presidential Decree No. 15837, Jul. 16, 1998; Presidential Decree No. 18721, Feb. 28, 2005>
1. Principals or assistant principals;
2. Teachers of schools for the handicapped;
3. Teaching staff of a university where the education for the handicapped is given;
4. Public officers who execute duties concerning the education for the handicapped;
5. Doctors;
6. Guardians of the object of education for the handicapped;
7. Social welfare workers under the Social Welfare Services Act;
8. Persons with expert knowledge concerning law such as attorneys-atlaw; and
9. Persons with expert knowledge concerning psychological diagnosis such as an intelligence test, character diagnosis, and aptitude test.
(4) The term of office for a member except public officers shall be 2 years, and may be reappointed.
Article 4(Conference of City/Do Committee) #
(1) A conference of the City/Do committee shall be held by the chairman, if the chairman deems it to be necessary, or if the superintendent of the office of education requests it. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(2) The conference of the City/Do committee shall be opened with the attendance of majority of the members, and shall make a decision by the vote of the majority of the members present. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(3) The matters necessary for the operation of the City/Do committee other than those prescribed by this Decree shall be decided by the chairman through the decision of the City/Do committee. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
Article 4-2(Si/Gun/Gu Education Management Committee for Handicapped) #
(1) The Si/Gun/Gu education management committee for the handicapped (hereinafter referred to as the "Si/Gun/Gu committee") which is installed under the control of the head of the district office of education under Article 4 of the Act shall deliberate on the following matters:
1. Selection of the object of education for the handicapped who is to enter the course of a junior high school or below under Article 10 (2) of the Act;
2. Designation of, and placement of the handicapped in, a school which is equivalent to the course of a junior high school or below under Article 11 (2) of the Act;
3. Judgment and decision of application for a rejudgment under Article 26 of the Act on the measures taken by the head of the district office of education; and
4. Other matters, submitted by the head of the district office of education for consideration, concerning the development of education for the handicapped.
(2) The Si/Gun/Gu committee shall be composed of members of not less than 5 but not more than 8 including one chairman.
(3) The chairman shall be the director general of the educational affairs bureau of the district office of education to which the head of the district office of education having the committee under his control belongs (in case of the district office of education having no director general of the educational affairs bureau, meaning the director of the educational affairs bureau), and the members of the committee shall be appointed or commissioned by the head of the district office of education from among the persons who fall under any subparagraph of Article 3 (3).
(4) The provisions of Articles 3 (4) and 4 shall apply mutatis mutandis to the terms of office of members, conference, and operation of the Si/Gun/Gu committee, respectively. In this case, the term "City/Do committee" shall be read as "Si/Gun/Gu committee", and the term "superintendent of the office of education", as "head of the district office of education".
[This Article Newly Inserted by Presidential Decree No. 15837, Jul. 16, 1998]
Article 5(Scope of Education Free of Charge, etc.) #
The State and local governments shall pay for or help the handicapped with the expenses needed for enrollment fees, tuition, and textbooks which are necessary to receive the compulsory education or education free of charge under Article 5 of the Act.
Article 5-2(Support to Expenses for School Food Supply, etc.) #
The State or local governments may share or support within the scope of budgets the school food supply expenses, the school operation expenses, etc. to be borne by the parents, in addition to the expenses necessary for the execution of compulsory education and education free of charge under the provisions of Article 5.
[This Article Newly Inserted by Presidential Decree No. 18721, Feb. 28, 2005]
Article 6(Consultation of Vicarious Education, etc.) #
(1) When the Minister of Education and Human Resources Development or the superintendent of the office of education intends to entrust the education for the handicapped to the private educational institution for the handicapped under the provisions of Article 7 of the Act, he shall consult with the principal of the educational institution for the handicapped concerned about the number of the object of the education and the period of the education within 10 months before the beginning of the school year. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
(2) When the superintendent of the office of education entrusts the education to the private institution education for the handicapped under the provisions of Article 7 of the Act, he shall give subsidies to the educational institution concerned so that its educational condition can keep up with that of the national or the public educational institution.
Article 7(Cancellation of Vicarious Education) #
(1) The Minister of Education and Human Resources Development or the superintendent of the office of education may cancel the vicarious education under the provisions of Article 6, if it falls under any one of the following subparagraphs: <Amended by Presidential Decree No. 19349, Feb. 22, 2006>
1. When the curriculum is not performed for three months or more in succession excluding vacations;
2. When the principal, founder or manager of the relevant educational institution for the handicapped violates the Acts and subordinate statutes relating to education for the handicapped or education deliberately or by gross negligence; and
3. When the principal, founder or manager of the relevant educational institution for the handicapped violates three times or more the orders of the competent authority under the Acts or subordinate statutes relating to education for the handicapped or education.
(2) When the Minister of Education and Human Resources Development or the superintendent of the office of education intends to cancel the vicarious education under the provisions of paragraph (1), he shall give the party subject to the disposition an opportunity to state an opinion verbally or in writing by fixing a period of not less than 30 days. In this case, if no statement is made by the end of the designated period, such party shall be considered to have no opinion. <Amended by Presidential Decree No. 19349, Feb. 22, 2006>
Article 8(Application for Change of Vicarious Educational Institution) #
(1) The object of education for the handicapped attending at the private educational institution for the handicapped where the education is entrusted under the provisions of Article 6 or his guardians may apply for a change of the educational institution to the superintendent of the office of education by stating the reason of the change clearly, when the educational activity of the educational institution for the handicapped concerned is poor or is judged to prevent from the improvement of the object of education for the handicapped because it is not suitable to the characteristics of the object of education for the handicapped.
(2) The superintendent of the office of education who received the application for the change of the educational institution under the provisions of paragraph (1) shall hold the City/Do committee within 30 days from receiving the application, decide whether he may change it or not after hearing the opinions of the persons concerned such as the applicant and the principal of the school concerned, and report the decision on it to them. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
Article 8-2(Actual Status Survey of Education for Handicapped) #
(1) Actual status survey for the formulation of policies on education for the handicapped (hereinafter referred to as the "actual status survey of education for the handicapped") under the provisions of Article 9-2 of the Act shall be executed by the complete enumeration survey or the sample survey.
(2) Matters to be surveyed by the actual status survey of education for the handicapped under the provisions of paragraph (1) shall be as follows:
1. Matters on sex, age, handicapped area, handicapped level, current status by handicapped causes of the persons subject to education for the handicapped;
2. Matters on actual status of operation of educational courses such as the schools for education for the handicapped and the classes of education for the handicapped, and the actual status of operation of institutions of education for the handicapped;
3. Current status of personnel, organization and administration for the administrative supports to education for the handicapped, and the actual status of such supports;
4. Current status of securing, allotment and utilization of finances for education for the handicapped, and the actual status of such sup ports;
5. Matters on the results of education for persons subject to education for the handicapped, and their actual living status after the grad uation from schools; and
6. Level of satisfaction on supports to education for the handicapped of the persons subject to education for the handicapped, their parents, teachers in charge of education for the handicapped and the persons engaged in specialized posts, and their demanding matters.
(3) The actual status survey of education for the handicapped shall be executed every five years by making year 2006 as the standard year.
(4) Other matters necessary for methods, contents and date of survey of the actual status survey of education for the handicapped shall be determined and publicized by the Minister of Education and Human Resources Development.
[This Article Newly Inserted by Presidential Decree No. 19056, Sep. 29, 2005]
Article 9(Selection of Object of Education for Handicapped) #
(1) A handicapped student who desires to be selected as an object of education for the handicapped under the provisions of Article 10 of the Act or his guardians shall ask for him to be selected as an object of education for the handicapped to the superintendent of the office of education, the head of the district office of education, or the principal of a school. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(2) The standards for the diagnosis, evaluation, examination, and appointment of the object of education for the handicapped under Article 10 (4) of the Act shall be as shown in the attached Table. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(3) Where the superintendent of the office of education, the head of the district office of education, or the principal of a school decides whether an applicant may be selected as the object of education for the handicapped or not, he shall forthwith notify the applicant of the results in writing. <Newly Inserted by Presidential Decree No. 15837, Jul. 16, 1998>
Article 10(Designation and Placement of Various Schools) #
(1) When the superintendent of the office of education or the head of the district office of education is requested to designate a school and place a handicapped student there from the object of education for the handicapped under the provisions of Article 11 (1) and (2) of the Act, he shall send a notice to the principal of the school concerned and the object of education for the handicapped in writing after designating a school through the screening by the City/Do committee or the Si/Gun/ Gu committee. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(2) When the superintendent of the office of education or the head of the district office of education designates a school under the provisions of paragraph (1), he shall take into consideration the capacity and the condition of the operation of the educational institution for the handicapped in its jurisdiction, and the degree of the handicap of the handicapped student concerned. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(3) When the object of education for the handicapped requests to be allowed to enter a regular school (which is not a school for the handicapped; hereinafter the same shall apply) and be placed there in case of paragraph (1), the superintendent of the office of education or the head of the district office of education shall place the handicapped stu dent concerned in the nearest regular school to his residence irrespective of its capacity. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(4) The principal of the school who received the application of entering school from the object of education for the handicapped directly under the provisions of Article 11 (1) of the Act, shall make a report of the application to the superintendent of the office of education or the head of the district office of education, without delay. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(5) If it is inevitable to move the handicapped student who is attending at a regular school to an educational institution for the handicapped, the superintendent of the office of education or the head of the district office of education shall notify the related matters to the handicapped student or his guardians beforehand, and shall give him an opportunity to make statements. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
Article 11(Objection against Placement) #
The principal of a school may not comply with the placement of the object of education for the handicapped under the provisions of Article 11 (4) of the Act, if there happens an inevitable circumstance as one of the following subparagraphs:
1. When the number of the students who are attending at the school concerned already exceeds not less than 10% of the capacity of the school; and
2. When the type of the handicap of the school for the handicapped concerned where the handicapped student may be placed is different from the type of the handicapped student so that the school concerned may not give efficient education to him.
Article 12(Placement of Teacher in Charge of Circuit Education) #
The superintendent of the office of education may place a teacher who takes charge of circuit education in a high school or below which is located at his jurisdiction to give circuit education to the handistudents under the provisions of Article 14 of the Act. <Amended by Presi dential Decree No. 15837, Jul. 16, 1998>
Article 13(Training of Education for Handicapped) #
When the superintendent of the office of education gives training to the faculty, the matters concerning education for the handicapped shall be included in the courses of the training to efficiently give integrated education under Article 15 of the Act. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
Article 13-2(Organization of Special Class for Handicapped) #
(1) The standards for the organization of a special class for the handicapped under Article 15 (3) of the Act shall be as follows:
1. A school having one through twelve objects of education for the handicapped: one class or more; and
2. A school having not less than thirteen objects of education for the handicapped: two classes or more.
(2) Deleted. <by Presidential Decree No. 17426, Dec. 19, 2001>
[This Article Newly Inserted by Presidential Decree No. 15837, Jul. 16, 1998]
Article 14(Preparation of Plan for Individualized Education) #
(1) The principals of schools shall prepare a plan for individualized education to give efficient individualized education under the provisions of Article 16 of the Act in which the educational method for the individual is included. In this case, he shall give the handicapped student concerned or his guardians an opportunity to make statements.
(2) The principals of schools shall prepare a plan for the individualized education under paragraph (1) before the beginning of every school year: Provided, That the object of education for the handicapped is placed during the term, the principal of the school shall prepare it within 30 days after his placement.
Article 15(Medical Examination, etc.) #
The principal of the educational institution for the handicapped shall give a medical examination to the object of education for the handi capped and judge the recovering state of his vital functions under the provisions of Article 18 (1) of the Act twice or more a year.
Article 16(Qualifications of Faculty for Curative Education and Criteria for Placement of Them) #
(1) The faculty for the curative education who are employed in the edu cational institution for the handicapped under Article 19 of the Act shall have one of the following qualifications: <Amended by Presidential Decree No. 15837, Jul. 16, 1998; Presidential Decree No. 19056, Sep. 29, 2005>
1. A regular teacher, assistant teacher, or practice instructor who has qualifications for the curative education for the handicapped; and
2. A regular teacher or assistant teacher who has qualifications for the education for the handicapped as well as qualifications related to the curative education such as physical therapy or vocational treatment and others.
(2) The criteria for the placement of the faculty for the curative education under the provisions of paragraph (1) shall be governed by the Enforcement Decree of the Elementary and Secondary Education Act. <Amended by Presidential Decree No. 19056, Sep. 29, 2005>
Article 17(Qualification Criteria for Teacher in Charge of Vocational Education) #
A teacher who takes in charge of vocational education in an educational institution for the handicapped where more advanced education than that of a junior high school is given under the provisions of Article 20 (2) of the Act shall have any qualification of the following subpara graphs: <Amended by Presidential Decree No. 15967, Dec. 31, 1998; Presidential Decree No. 18721, Feb. 28, 2005>
1. A person who has a qualification as a regular teacher, an assistant teacher, and a practice instructor of a school for the handicapped as well as any qualification of the following items:
(a) A person who has the technological qualification in the technological or technical field under the provisions of Article 3 of the National Technical Qualifications Act;
(b) A person who has a teacher's certificate for the vocational ability development training under the provisions of Article 9 of the Vocational Training Promotion Act; and
(c) A person who has a master degree by majoring in vocational rehabilitation training at a graduate school; and
2. A teacher whose major is rehabilitation training in a university.
Article 18(Operation of Major Departments) #
(1) When major departments are installed in an educational institution for the handicapped under Article 21 (1) of the Act where the course works of the senior high school are given, the period of the school hour may be determined in consideration of the type of the handicap and the kind of the occupational characteristics.
(2) When the Minister of Education and Human Resources Development designates a school where major departments are installed under the provisions of Article 21 (2) of the Act, he may consult with the Minister of Labor about the occupational kind in the major departments concerned. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
Article 19(Textbooks) #
(1) The Minister of Education and Human Resources Development may entrust the affairs concerning the publication and supply of the Braille textbooks for the handicapped students with visual defects among the textbooks which are provided for the object of education for the handicapped without charge under the provisions of Article 25 (3) of the Act to the institution with the Braille type facilities and equipments so that the textbooks shall be published and supplied without difficulty. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
(2) The regulations on textbooks shall apply mutatis mutandis to the matters concerning the writing, official approval, authorization, publication, supply, and assessment of the price of the textbooks under Article 25 (4) of the Act. <Amended by Presidential Decree No. 15837, Jul. 16, 1998; Presidential Decree No. 18721, Feb. 28, 2005>
Article 20(Application for Rejudgment) #
(1) When the central committee, City/Do committee, and Si/Gun/Gu committee (hereafter in this Act referred to as the "committee") received the application of the rejudgment under the provisions of Article 26 (1) and (2) of the Act, they shall judge it, without delay. <Amended by Presidential Decree No. 15837, Jul. 16, 1998>
(2) When the committee judges the affairs about the rejudgment, it shall give the applicant an opportunity to state his opinion.
(3) The committee shall hear the statements of the attendant applicant concerned and may examine him in oral statement, if necessary.
(4) When the committee decides the affairs about the rejudgment, it shall notify the decision on them to the applicant in writing without delay.