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Chapter Law Content

Title: The Special Education Act CH
Category: Ministry of Education(教育部)
Chapter II: Practice of Special Education
Part 1: General Rules
Article 10
The implementation of special education is divided into the following four stages:
1. Preschool education: provided in hospitals, households settings, preschools , social welfare facilities, the preschool division of special education schools, or other suitable locations.
2. Compulsory education: provided in elementary schools, junior high schools, special education schools, or other suitable locations.
3. Senior high school education: provided in senior high schools, special education schools, or other suitable locations.
4. Higher education and adult education: provided in colleges, universities, and other adult education organizations.
Special education students at the preschool education stage and the compulsory education stage referred to in the previous paragraph are placed in a school on the principle of proximity to where they live. If the schools within in the school district cannot provide a suitable location to cater for the needs of special education students at the compulsory education stage, the competent authority may arrange placement in another location suitable for special education students.
Article 11
All the educational phases under senior high should establish special education classes, as follows:
A. Centralized special education class.
B. Decentralized resource room.
C. Itinerant resource program.
Establishment of the aforementioned special education classes should be determined and certified by local authorities, whereas its personnel and facility are resolved by central authorities.
In the case students under senior high are not placed in the special education class based on the aforementioned regulations, schools involved have to apply for likely special education programs. Measures and regulations on application and procedure are determined by local authorities.
Article 12
The educational level, grade placement, class location and instruction practice of special education students should be flexible to the extent sensitive to their special educational needs. Their entry age of education and duration limit of schooling are required to shift to meet realistic needs.
Procedure and details of practices including lowering or raising the entry age, shortening or extending duration of schooling, etc., are all determined by central authorities. But in case there is a law involved, it should be followed.
Article 13
Special education is basically managed by local authorities, with incentives for private sectors. Measures and regulations involved with management of special education including target population, eligibility, handling of law offenses, and other details are set by local authorities.
Article 14
For the purpose of providing special education, schools at each educational stage at senior secondary level and below shall set up a unit with that specific responsibility and appoint and employ special education teachers, special education related professional personnel, teaching assistants, and special education student assistants, in accordance with actual needs.
The regulations governing the establishment of the units referred to in the previous paragraph with the specific responsibility of providing special education, the assigning and employment of their personnel, and other related matters shall be prescribed by the central competent authority.
The standards governing the number of periods taught each week by fulltime special education teachers, and by part-time homeroom teachers, and people with part-time administrative and other duties shall be prescribed by each competent authority.
Article 15
For the purpose of promoting quality of special education and related services, local authorities should offer training program and in-service re-education for special education teachers and related professionals..
Article 16
For the practice of special education, local authorities should proceed diagnosis of disabled and gifted students based on the diagnostic criteria.
The aforementioned diagnostic criteria, procedure, duration, educational needs assessment, reassessment procedure, and other details are determined by central authorities.
Article 17
Preschools,and educational institutions at all levels shall identify students who require special education, actively or on the basis of admission applications, and after a proper evaluation of their needs, those whose guardian or legal representative has given consent shall be given a special education placement and related services and measures, in accordance with the provisions of the previous article.
Each competent authority shall reassess the appropriateness of the placement and arrangements referred to in the previous paragraph each year.
If a guardian or legal representative does not give their consent to undertake the evaluation and placement procedure, the preschool, elementary school, junior high school, or senior high school involved shall notify the competent authority.
To safeguard the interests of special needs students, when necessary the competent authority may require the guardian or legal representative to cooperate and assist making arrangements for post-assessment special education placement and related services and measures.
Article 18
Provision and programming of special education and related services should be based on appropriateness, individualization, localization, accessibility, and inclusion.
Article 19
The curriculum, materials, methods and assessment in special education should be flexible to the extent that they meet the needs and suit the characteristics of individual students, with the measures set by central authorities.
Article 20
To develop potential of special education students to the maximum extent, all the schools should coordinate possible resources and recruit instructors with expertise in special education.
Article 21
Student’s guardian or agent is able to file a complaint to authorities concern for controversy over diagnosis, placement and counseling services. Authorities concerned should offer complaint services.
Student’s guardian or agent is able to file a complaint to the school for infringements of student’s rights in learning, counseling, support services and other learning activities. The school should offer complaint services.