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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 2: Education for Disabled
Article 22
All the schools and test centers must not reject student admission to school or test for the sake of disability itself.
All the schools and test centers must offer appropriate test services, and make a public announcement, with measures of test services for special needs students set by central authorities.
Article 23
Special education practices shall be based on the results of professional assessments combined with available medical resources for rehabilitation, training and therapy of special needs students.
In order for special needs children to receive early intervention, special education practices shall start as early as two years old.
Article 24
The competent authority at each level shall provide educational institutions with special needs students and those special needs students for whom it is appropriate and who have approval from the competent authority to receive special education in a non-school home or institution setting with counseling and support services for the assessment, teaching, and administrative care of special needs students.
Educational institutions at all levels shall undertake the assessment, teaching, and counseling of special needs students on the basis of an interdisciplinary team approach, and if required maycombine the services of professionals in the fields of health and medical treatment, education, social work, independent living, and vocational rehabilitation to provide assistance in the form of guidance and services encompassing learning, living, psychological, rehabilitation training, occupational guidance, assessment, and transitions.
The regulations governing the setting up and implementation of the support services and interdisciplinary teams referred to in Paragraph 2 shall be prescribed by the central competent authority.
Article 25
To provide special needs students of under senior high school with appropriate education, local authorities and private sectors are encouraged to establish special education schools, which if likely are kept in a small scale. The top priority for admission goes to students with severe and/or multiple disabilities. Each and every city/county should establish at least one special education school (sub-school or class), each school with several campuses. Establishment of special education class should be based on the policy of prevalence and localization.
Special education schools for the hearing impaired are set for those with hearing impairments mainly, whereas special education schools for the visually impaired are majorly for those with visual impairments.
Special education schools are either national, city, county or private based on its main body (i.e., central government, city government, county government or private sectors), with its establishment, conversion or termination based on the following regulations:
A. National: certified by the central authorities;
B. City: certified by the city authorities and reported to central authorities for reference;
C. County: certified by the county authorities and reported to central authorities for reference;
D. Private: based on the Private School Act
Establishment of special education schools is required to meet criteria set by the central authorities, including land, building, equipment, faculty, alteration, termination/mergence, certification procedure, organization and personnel.
Article 26
A special education school shall have one principal; their qualifications for appointment shall be in accordance with the provisions of the Act Governing the Appointment of Educators, and each principal shall have special education related professional knowledge and skills. Their selection, and appointment, and other related matters shall be handled using the provisions governing such matters used in other schools that offer the highest-level of education that the school making the appointment offers.
Special education schools may set up an office (room) and a high level unit to handle academic affairs, student affairs, general affairs, internships, research and development, and counseling, based on the scale of the school and its operational requirements, and such high level units may be divided into sections of a lower unit level to handle matters.
Each first-level unit referred to in the preceding paragraph shall have a director and each second-level unit shall have a section leader.
The director of the first-level unit shall be a full-time teacher who is appointed by the principal to also serve as director on a part-time basis. The head of the general affairs section shall be filled by a non-teaching staff member on a full-time basis, and the head of the counseling unit responsible for rehabilitation may be appointed to serve as head on a part-time basis from among the fulltime special education related professional personnel, and the group leaders of the other second-level units shall be full-time teachers who are appointed by the principal to also take on those roles on a part-time basis.
If the special education school reaches a particular scale designated by the central competent authority, a secretary shall be appointed to assist the principal deal with school affairs and shall be appointed by the principal from among the full-time teachers.
In order to enhance the special education related knowledge and skills of the teams referred to in the previous article and to facilitate the drawing up of individualized education plans, each competent authority shall increase the provision of training and in-service workshops for regular program teachers, special education teachers, and associated personnel, in view of the categories of obstacles faced by the students with disabilities at the schools under their jurisdiction at each educational stage at senior secondary level and below. Each competent authority shall also provide assistance for related support services.
Article 27
Schools under senior high should offer special needs students in regular class with appropriate instruction and counseling services, with measures of instructional principle and counseling types set by local authorities. For the regular class teachers to take care both of special needs and other students, the aforementioned school should reduce the number of special needs student in the regular class, or providing the required manpower and assistance, with measures of the credential of class reduction, certified number, manpower and assistance set by the central authorities.
Article 28
Schools under senior high should develop the individualized education plan for each and every special needs student based on a multidisciplinary team, invite parents for participation and, where it needs, encourage professionals to accompany parents for participation.
Article 28-1
In order to enhance the special education related knowledge and skills of the teams referred to in the previous article and to facilitate the drawing up of individualized education plans, each competent authority shall increase the provision of training and in-service workshops for regular program teachers, special education teachers, and associated personnel, in view of the categories of obstacles faced by the students with disabilities at the schools under their jurisdiction at each educational stage at senior secondary level and below. Each competent authority shall also provide assistance for related support services.
Article 29
Schools under senior high should take into consideration of strengths, aptitude, special education needs, and career development of students with disabilities and therefore offer appropriate counseling services in admission to secondary education. The measures of counseling services in admission to secondary school after completion of compulsory education are set by the central authorities.
Article 30
Governments shall provide education services for special needs adults and encourage them to receive life-long learning activities. Measures of implementation offices, means, contents and other related affairs shall be enacted by the central government.
Article 30-1
Schools of higher education shall program special education implementation practices, set up the special education office, hire and recruit, where it needs, related professionals and personnel in order to assist special needs students in learning and growth. Measures of office duties, establishment, personnel format and recruitment and other related affairs shall be enacted by the central government.
Delivery of special education services of the higher education should involve meeting student’s needs, developing IEPs, assisting student’s learning and growth, and participation of special needs students, their parents and related professionals.
Article 31
For easy transition of service needs by students with disabilities, schools should offer complete and continuous transitory counseling services, with the measures set by the central authorities.
Article 32
The competent authority at each level shall reduce or waive the educational expenses of special needs students based on their family’s financial circumstances and may provide educational subsidies for special needs students attending private preschools {C}or social welfare facilities and give awards to the institutions that admit them.
The regulations governing the eligible recipients, criteria, amounts, quotas, and frequency of the reduction or waiver of educational expenses, subsidies and awards referred to in the previous paragraph and other associated matters that must be complied with shall be prescribed by the central competent authority.
The competent authority at each level shall give awards to special needs students who have an excellent academic performance and ethics or have done something outstanding. The associated regulations and rules for autonomous management shall be prescribed by the competent authority at each level.
Article 33
Schools, kindergartens and social institutions shall, based on school learning and daily living, provide special needs students with the following support services:
A. Educational auxiliary devices.
B. Appropriate teaching materials.
C. Personnel assistance in learning and living.
D. Rehabilitation services.
E. Family support services.
F. Access to campus.
G. Other support services.
Subparagraphs A through E are appropriate for special needs students who are granted for home-based education. Measures of the former two practices shall be enacted by the central government. All the governments concerned shall provide transportation for special needs students who lack mobility to and fro school or, where there are difficulties, offer fares. Measures of implementation, practices and autonomy are to be enacted by governments involved.
All the governments concerned shall take priority in budget allotment in delivery of services of subparagraphs A and D.
Article 34
Local authorities must put in practice special needs education based on certified or delegated social welfare facility, medical center or juvenile correction school.