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Chapter Law Content

Title: The Special Education Act CH
Category: Ministry of Education(教育部)
Chapter I: Overall Rules
Article 1
The Act is enacted for the purpose of individuals with disabilities and/or giftedness to receive appropriate education, fully develop potential, foster personality, and empower social services.
Article 2
The so-called authorities are referred to as the Ministry of Education in the central government, city government in the metropolitan cities, and county government in the rural areas, with the last two referred to as local authorities.
If involved across sections, all the targeted authorities are required to coordinate to the maximum extent.
Article 3
Disabilities meant in the Act are referred to as physiological or psychological disorders, assessed and diagnosed by professionals to be in need of special education and related services, and categorized as follows:
A. Intellectual Disabilities.
B. Visual Impairments.
C. Hearing Impairments.
D. Communication Disorders.
E. Physical Impairments.
F. Cerebral Palsy.
G. Health Impairments.
H. Severe Emotional Disorders.
I. Learning Disabilities.
J. Severe/Multiple Impairments.
K. Autism.
L. Developmental Delays.
M. Other Disabilities.
Article 4
The so-called “giftedness/talents” by the Act is referred to individuals with excellent potential or outstanding performance and, after evaluated by professionals, demonstrating needs for special education and related services, categorized as follows:
A. Giftedness/Talents in Intelligence
B. Giftedness/Talents in Scholarship
C. Giftedness/Talents in Arts
D. Giftedness/Talents in Creativity
E. Giftedness/Talents in Leadership
F. Giftedness/Talents in Other Areas
Article 5
For the development of special education, local authorities concerned should establish special education consultation committees, inviting scholars and experts, educational and school administrators, delegates of teacher organizations, parent representatives, professionals of special education, and delegates of related institutions and groups to participate in consultation, planning and development of special education services.
Among the members of the aforementioned committee, delegates of educational and school administrators combined are less than a half and those of a single gender less than a third of the total.
Measures and regulations of participation in consultation, planning, development of special education and other services are determined by local authorities.
Article 6
Local authorities should set up the Special Education Students Diagnosis and Placement Counseling Committee (briefly called DPCC), inviting scholars and experts, educational and school administrators, delegates of teacher organizations, parents, professionals of special education, and delegates of related institutions and groups to participate in diagnosis, placement, replacement, and counseling. Measures and regulations on implementation, procedures, duration, allocation of related resources, and operation are set by local authorities.
Among the members of the aforementioned committee, delegates of educational and school administrators combined are less than a half and those of a single gender less than a third of the total.
Measures of participation in consultation, planning, development of special education and other services are determined by local authorities.
Article 7
Local authorities should establish an independent department to monitor practices of special education services.
All the personnel and administrator responsible for special education services in special education schools and regular schools with special education classes should hire professionals with special education background.
The aforementioned special education background is referred to as taking up 3 or more credit hours of special education courses.
Article 8
Local authorities concerned should conduct regular research each year on the status of special education students, proclaim special education demographic needs, publish the yearly statistic report, appropriately allocate available resources based on current status and needs, and develop all the special education services.
Article 9
All the governments should availably develop the special education budget to the extent which is no less than 4.5% of the yearly educational budget in the central government and no less than 5% in the local government.
When the local government develops budgets, the special needs education comes as the top priority.
In order to keep a balanced development of local special needs education, the central government should reimburse budgets in personnel and practices. Measures of reimbursement are determined by the central government after communication with local governments.