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ACT ON SPECIAL EDUATION FOR DISABLED PERSONS, ETC

Ministry of Education, Science and Technology (Special Education Support Division) 02- 2100-6436

CHAPTER I GENERAL PROVISIONS

Article 1. (Purpose)

The purpose of this Act is to contribute to the self-realization of both the disabled and those who require special education, and to the unification of the society by providing an integrated educational environment to both the disabled and those who need special education by the State or local self-government and implementing education according to the life-cycle by considering the characteristics such as types and degree of the disability as provided under Article 18 of the `Framework Act on Education'. Article 2(Definition)

The definition of terms used in this Act shall be as follows:

1. The term "special education" means education performed, in order to satisfy the educational needs of persons subject to special education, by providing both curricula suitable for each characteristics and service related to special education according to Subparagraph 2.

2. The term "service related to special education" means a service that provides personal and material resources necessary for performing the education for a person subject to special education efficiently, and refers to the support of counseling, support of family, medical service support, assisting personnel support, support of the assisting engineering equipments, support of school attendance, and support of information access, etc..

3. The term "person subject to special education" means a person selected as those who need special education according to Article 15.

4. The term "special education teaching staff" means a teaching staff that have teacher certificates for special schools according to Subparagraph 5 of Article 2 of the `Elementary and Secondary Education Act' and that is in charge of education for the person subject to special education.

5. The term "guardian" means a person who de facto protects the person subject to special education such as a person with parental authorities, tutor and other relevant people.

6. The term "integrated education" means that the persons subject to special education receives education that meets the educational requirement of each individual by not discriminating according to the types of disabilities and degree of disability in a general school.

7. The term "individualized education" means that a head of each school establishes and implements a plan including the education purpose, education method, education contents and service related to special education that are suitable for the types of disabilities and characteristics of disabilities for the purpose of developing the individual abilities of the persons subject to special education.

8. The term "itinerant education" means education which a special education teaching staff and personnel in charge of services related to special education in person visit the persons subject to special education who are in each school, medical center, home or welfare center (referred to as the "welfare center for the handicapped, welfare center for children, etc"; hereinafter the same shall apply shall apply) to implement and perform education.

9. The term "vocational course and job education" means implementation of job rehabilitation training and self-support life training, etc. through the cooperation of related institutions for the smooth transfer of persons subject to special education from school to society.

10. The term "special education institution" means special schools and special classes for educational programs of kindergarten, elementary school, middle school or high school (including major subjects; hereinafter the same shall apply) for persons subject to special education.

11. The term "special class" means a class which is installed in a general school for the purpose of performing integrated education for persons subject to special education.

12. The term "each school" means a kindergarten established according to Subparagraph 2 of Article 2 of the `Early Childhood Education Act' and a school established according to Article 2 of the `Elementary and Secondary Education Act'. Article 3 (Compulsory Education, Etc.)

(1) In the case of the persons subject to special education, notwithstanding Article 8 of the `Framework Act on Education', the education of kindergarten, elementary school, middle school and high school shall be implemented as compulsory education, and the major subjects according to Article 24 and the education for disabled infants who are less than three years old shall be implemented without compensation. (2) The persons subject to special education, which are from the age of three years to 17 years, shall have a right to receive compulsory education according to Paragraph (1). Provided, however, that in the case that they fail to advance into the higher courses or graduate from the school due to lack of attendance or in the case that the grade which a person enters school again after the person postponed the entrance of school or was exempted from entering the school as provided under Article 19 (3) is different from the grade of which the person has advanced into when the person has continued to take the school course, the person shall have a right to receive compulsory education by the age resulting from adding the relevant gap.

(3) The expenses for compulsory education and education without compensation according to Paragraph (1) shall be borne by the State or local self-government as prescribed by the Presidential Decree.

Article 4 (Prohibition of Discrimination)

(1) The head of each school or the head of universities (referring to schools according to Article 2 of the `Higher Education Act'; hereinafter the same shall apply) shall not discriminate in giving a chance for education such as denying application of entrance or the entrance of the students who passed the entrance exam for reasons such as handicaps of the relevant students when the person subject to special education intends to enter the school.

(2) Except when it is clear that the purpose is to implement education considering the characteristics of the disabled when implementing matters falling under any of the following subparagraphs, the State, local self-government, or the head of each school or university shall not discriminate against the persons subject to special education and their guardians.

1. To discriminate in providing services related to special education according to Article 28;

2. To exclude the participation in class and participation in intramural and extramural activities;

3. To discriminate in participation of guardians such as participation in an individualized education support teams; or

4. To discriminate in a course of entrance exam such as requiring additional interviews or physical exams, except otherwise necessary in the entrance exam procedure of universities for the purpose to survey and check the requirements for taking the exam that are needed due to disabilities.

CHAPTER 2. DUTY OF STATE AND LOCAL SELF-GOVERNMENT Article 5 (Duty of State and Local Self-Government) (1) The State and local self-government shall implement operations falling under any of the following subparagraphs in order to provide appropriate education to the persons subject to special education.

1. To establish a special education comprehensive plan for the disabled;

2. To discover in advance the persons subject to special education;

3. To provide guidance on the entrance of the school for persons subject to special education;

4. To study and improve the contents, methods and support systems of special education;

5. To cultivate and train the teaching staff of special education;

6. To establish the accommodation plan of a special education institution;

7. To build and manage the special education institution and expand and control facilities and equipment;

8. To study, develop and distribute teaching materials and teaching tools necessary for special education;

9. To provide a measure for vocational course and job education for the persons subject to special education;

10. To provide a measure for higher education and life-long education for the handicapped;

11. To provide a measure that supports services related to special education for persons subject to special education; or

12. Other matters that are recognized to be needed for the development of special education.

(2) The State and local self-governments shall give priority in payment of the costs within a budget that is required for implementing the operations of Paragraph (1). (3) The State shall recommend a local self-government to take necessary measures such as increase of budget when it is deemed that the local government fails to progress the operations of Paragraph (1) smoothly or its budget measures of Paragraph (2) are not satisfactory.

(4) The Minister of Education, Science and Technology shall establish cooperation systems between relevant central administrative institutions such as the Minister of Health & Welfare, the Minister of Labor, and the Minister of Gender Equality & Family in order to implement the operations of Paragraph (1) efficiently.

Article 6 (Establishment of Special Education Institution and Sponsored Training) (1) The State and local self-governments shall establish and manage special education institutions proportionatelyby each area and by each type of disability with consideration of the convenience for school attendance of persons subject to special education.

(2) In cases that there is shortage of national or public special education institutions or it is necessary for compulsory education or free education for persons subject to special education, the State and local self-governments may entrust their education to private special education institutions.

(3) In the case that special education was entrusted according to Paragraph (2), support shall be provided so that the educational conditions of the relevant special education institutions are not under the levels of national or public special education institutions. (4) Necessary matters regarding the sponsored education according to Paragraph (2) and the support or expense burden according to Paragraph (3) shall be determined by the Presidential Decree.

Article 7 (Application for Changing the Sponsored Education Institution) (1) In the case the persons subject to special education, who are enrolled in a private special education institution according to Article 6 (2), or his/her guardian determines that the relevant special education implements poor educational activities or implements a program not suitable to the characteristics of the persons subject to special education and hinders the education for persons subject to special education considerably, he/she may apply for changing and entering another education institution from the education institution where he/she is enrolled, to the education superintendent or superintendent of the office of education by clearly stating the reasons. (2) The education superintendent or superintendent of the office of education who received the application for change according to Paragraph (1) shall open a City, Gun, Gu Special Education Support Committee or the City and Do Special Education Support Committee, and listen to the opinions from the persons concerned such as an applicant and the head of the relevant school, etc. to decide and notify whether to change the education institution.

Article 8 (Improvement of Quality of Teaching Staff) (1) The State and local self-governments shall regularly implement education and training to improve the qualities of the teaching staff of special education. (2) The State and local self-governments shall regularly implement education and training related to special education for the teaching staff of general schools in order to support integrated education for the persons subject to special education. (3) Matters necessary for the education and training in accordance with Paragraphs (1) and (2) shall be determined by the Presidential Decree. Article 9 (Guidance on Right and Duty of Persons Subject to Special Education) In the case that the State and local self-government becomes aware of a person with a disability as provided under each Subparagraph of Article 15 (1), or selects a person subject to special education according to Article 15, it shall notify the relevant information, right to receive compulsory education or free education , and the rights and responsibilities of the guardian to the respective guardian within two weeks. Article 10 (Special Education Support Committee)

(1) The Central Special Education Support Committee shall be established under the responsibility of the Minister of the Education, Science and Technology, and the City and Do Education Support Committee under the responsibility of the superintendent of the office of education, and the City, Gun, and Gu Special Education Support Committee, under the responsibility of the education superintendent, in order to examine main matters regarding operation performance of the State and local self- governments as provided under Article 5. (2) Matters necessary for making up and managing the Central Special Education Support Committee as provided under Paragraph (1) shall be determined by the Presidential Decree, and the City and Do Special Education Support Committee, determined by the education rules of the special metropolitan city, metropolitan city, and Do and special self-governing Do (hereinafter called "city/Do"). Article 11 (Establishment and Management of Special Education Support Center) (1) The superintendent of the office of education shall establish and manage in each subordinate education administrative institution a special education support center, which shall be in charge of finding the persons subject to special education in advance, examining and evaluating the persons subject to special education, information management, training for special education, supporting services related to special education, and implementing itinerant education, etc. (2) The Special Education Support Center as provided under Paragraph (1) shall be established where local residents including the persons subject to special education can access easily, such as subordinate education administrative institutions, special schools, general elementary, middle and high schools where special classes are established or the government and public offices in competent areas (including the welfare center for the handicapped).

(3) Matters necessary for establishing and managing the Special Education Support Center shall be determined by the Presidential Decree. Article 12 (Annual Report Regarding Special Education) The government shall submit a report regarding major current statuses and policies of special education annually until a regular National Assembly opens. Article 13 (Survey of Actual Condition of Special Education) (1) The Minister of Education, Science and Technology shall survey actual conditions every three years for establishing a special education policy such as a plan for placing the persons subject to special education and plan for the supply demand the teaching staff of special education, etc. (2) The Minister of Education, Science and Technology can survey the actual conditions of education welfare for the disabled students in the case that the above survey is recognized to be necessary to improve education conditions of the disabled students who attend the university. (3) Matters necessary for the contents and methods of survey as provided under Paragraphs (1) and (2), and matters necessary for other surveys shall be determined by the Presidential Decree.

CHAPTER 3. SELECTION AND SCHOOL PLACEMENT OF PERSONS SUBJECT TO SPECIAL EDUCATION

Article 14 (Early Finding of the Disabled)

(1) The school superintendent or the superintendent of the office of education shall promote to advertise the importance of early finding of disability symptoms of the infants to local residents and related institutions and shall implement a screening test in the health center, hospital, or medical center in the relevant area without compensation.

(2) The school superintendent or the superintendent of the office of education shall build a close cooperation system among the local self-government, health center, hospital, and medical center in order to efficiently implement the screening test as provided under Paragraph (1).

(3) The guardian or the head of each school shall request the diagnosis and evaluation to the school superintendent or the superintendent of the office of education when the guardian or the head finds that an infant or student who is disabled or is suspected to be disabled according to each Subparagraph of Article 15 (1). Provided, however, that in the case that the head of each school requests the diagnosis and evaluation, he/she shall obtain prior consent from the guardian.

(4) In the case that the school superintendent or the superintendent of the office of education is requested to diagnose and evaluate according to Paragraph (3), he/she shall immediately forward the request to implement the diagnosis and evaluation to the Special Education Support Center, and shall notify the results to the guardian of the infant or student.

(5) The procedures and contents as provided under Paragraph (1), other matters required for the test and prior consent procedure as provided under Paragraph (3), and the matters required for notification procedure according to Paragraph (4) shall be determined by the Presidential Decree.

Article 15 (Selection of Persons Subject to Special Education) (1) The school superintendent or the superintendent of the office of education shall select a person, who is diagnosed and evaluated as a person requiring special education among those who fall under any of the following subparagraphs, as a person subject to special education.

1. Visual disability;

2. Hearing impairment;

3. Mental retardation;

4. Physically handicapped;

5. Emotional disturbance, Behavioral disorder;

6. Autistic disorder (including the handicap related to this disorder);

7. Communication disorder;

8. Learning disorder;

9. Health impairment;

10. Developmental retardation; and

11. Other disabilities determined by the Presidential Decree. (2) When the school superintendent or the superintendent of the office of education selects persons subject to special education according to Paragraph (1), based on the diagnosis and evaluation results according to Article 16 (1), in the case of high school courses, the superintendent of the office of education shall decide the subjects through an examination of the City, Do Special Education Support Committee, and in the case of each school whose grade is not higher than middle school, the school superintendent shall decide the subjects through an examination of the City, Gun, Gu Special Education Support Committee.

Article 16 (Selection Procedure of Persons Subject to Special Education and Decision on Details of Education Support)

(1) The Special Education Support Center shall diagnose and evaluate within 30 days from the date of forwarding the diagnosis and evaluation. (2) The Special Education Support Center shall prepare a final opinion on whether it will select any relevant person as a person subject to special education and on the details of required education support through diagnosis and evaluation as provided under Paragraph (1) to report it to the school superintendent or the superintendent of the office of education.

(3) The school superintendent or the superintendent of the office of education shall decide whether or not to select the relevant person as a person subject to special education and decide the details of education support within two weeks from the date of receipt of the final opinion and notify it in writing to guardians such as parents. The details of the education support shall include detailed contents such as special education, vocational course, job training, and service related to special education, etc. (4) During the process of diagnosis and evaluation according to Paragraph (1), an opportunity for guardians such as parents to express their opinions shall be secured sufficiently.

Article 17 (Placement and Education of Persons Subject to Special Education) (1) The school superintendent or the superintendent of the office of education shall place a person, who has been selected as a person subject to special education according to Article 15, into a place that falls under any of the following subparagraphs after completing an examination of the relevant Special Education Support Committee and educate him/her.

1. General class of general school;

2. Special class of general school; or

3. Special school. (2) When the school superintendent or the superintendent of the office of education places a person subject to special education according to Paragraph (1), he/she shall comprehensively consider the degree of disability, abilities, and opinion of the guardian of the person subject to special education to place the disabled student in the closest school to the residential area of the disabled student. (3) When the superintendent of the office of education intends to place a person subject to special education, who resides in the competent district, into a school located in another city or Do, he/she shall consult with the superintendent of the office of education of the relevant city or Do (in the case of a national school, the head of the relevant school).

(4) The superintendent of the office of education or the head of the national school which was required to place persons subject to special education according to Paragraph (3) shall accept this request unless there is a special reason not to as determined by the Presidential Decree.

(5) Matters necessary for placement of persons subject to special education according to Paragraphs (1) through (4) shall be determined by the Presidential Decree. CHAPTER 4. INFANT, ELEMENTARY AND SECONDARY EDUCATION Article 18 (Education Support for Disabled Infant) (1) A guardian who has a disabled infant of less than three years old can request education for the infant to the school superintendent when early education is required. (2) The school superintendent who received such request as provided under Paragraph (1) may place a disabled infant of less than three years old into the kindergarten program, infant class of the special school or Special Education Support Center based on the diagnosis and evaluation results of the Special Education Support Center. (3) In the case that a disabled infant who has been placed according to Paragraph (2) is in the medical institution, welfare facility or home, the teaching staff of special education and the personnel in charge of service related to special education may be instructed to provide itinerant education.

(4) The State and local self-governments shall make an effort to improve educational conditions and maintain facilities for the disabled infant. (5) Other matters necessary for education support for the disabled infant shall be determined by the Presidential Decree.

Article 19 (Duty of Guardian, Etc.)

(1) The guardians of persons subject to special education shall safeguard and respect the opportunity of compulsory education as provided under Article 3 (1) for the children cared by them.

(2) A subject for compulsory education who cannot attend school for inevitable reasons may be exempted from the duty of receiving compulsory education as provided under Paragraph (1) or the compulsory education as provided under Paragraph (1) may be postponed for the child. Provided, however, that in the case that the persons subject to special education from three years old to five years old use child care centers that are equipped with certain educational requirements as determined by the Presidential Decree among the child care centers established according to the `Infant Care Act', the child shall be considered to have received compulsory education of kindergartens determined in Paragraph (1).

(3) In the case that a person who has been exempted from the duty of attending school or who has been allowed to postpone attending school according to Paragraph (2) intends to attend the school again, such person may be allowed to attend the school as determined by the Presidential Decree.

Article 20 (Management of Curriculum, Etc.)

(1) The curriculum of the kindergarten, elementary school, secondary school and high school of special education institutions shall be determined by the Ordinance of the Minister of Education, Science and Technology taking into consideration the types of disabilities and degree of disability. The curriculum of infants and major subjects shall be approved by the superintendent of the office of education and determined by the head of school. (2) The head of the special education institution and head of the general school, where the persons subject to special education have been placed, may make adjustments to manage the contents of the curriculum by taking into consideration the types of disabilities, degree of disability, ages and educational requirements of the present and future, etc. of persons subject to special education within the range of the curriculum provided under Paragraph (1).

(3) The head of the special school may integrate to manage the curriculum of the kindergarten, elementary, secondary, and high school with the approval of the superintendent of the office of education.

Article 21 (Integrated Education)

(1) The heads of each school shall make an effort to realize the notion of integrated education when carrying out various types of polices regarding education. (2) The head of the general school who manages the school to place the persons subject to special education according to Article 17 shall establish and implement an integrated education plan including the adjustment of curriculum, support of assistant personnel, support of learning assisting units and training of teaching staff, etc. (3) In the event that the head of the general school performs integrated education according to Paragraph (2), he/she shall establish and manage special classes according to the standards of Article 27, and prepare teaching materials and teaching tools as determined by the Presidential Decree.

Article 22 (Individualized Education)

(1) The head of each school shall organize an individualized education support team with guardians, teaching staff of special education, teaching staff of general school, teaching staff in charge of vocational course and job training, and personnel in charge of service related to special education, in order to provide education that meets educational requirements of the persons subject to special education. (2) The individualized education support team shall prepare an individualized education plan for persons subject to special education in each semester. (3) In the case that the persons subject to special education are transferred to another school or advanced into a higher grade in the school, the school from which the students are transferred shall submit an individualized education plan to the school, to which the students are transferred, within 14 days. (4) The teaching staff of special education shall support and manage each operation in order to implement the operations as provided under Paragraphs (1) through (3). (5) Matters necessary for organizing the individualized education support team according to Paragraph (1) and for establishing and implementing the individualized education plan according to Paragraph (2) shall be determined by the Ordinance of the Minister of Education, Science and Technology. Article 23 (Support of Vocational Course and Job Training) (1) The head of each school whose are in middle school or higher shall implement self support training such as job rehabilitation training, daily life adaptation training and society adaptation training in order to support the vocational course and job training that meets the characteristics and requirement of the persons subject to special education, and shall have experts in charge of vocational courses and job training who are qualified as determined by the Presidential Decree. (2) The head of each school whose are in middle school or higher shall prepare facilities and equipments necessary for vocational courses and job training according to the standard as determined by the Presidential Decree. (3) The Special Education Support Center shall constitute an association with the related institutions according to decisions as determined by the Presidential Decree in order to support efficient vocational courses and job training for persons subject to special education.

Article 24 (Establishment and Management of Major Subjects) (1) In the special education institute, major subjects of more than one year of class terms can be established and managed for providing vocational courses and job training to the persons subject to special education who graduated from the high school. (2) The Minister of Education, Science and Technology and the superintendent of the office of education may designate an education institution where major subjects may be established in each area or for each type of disability.

(3) Each school where major subjects have been established may receive credit recognition according to Article 7 of the `Act on the Credit Recognition, Etc.' (4) Matters necessary regarding the standards of facilities and equipments of major subjects, standard of managing major subjects, and standard of placing personnel in charge according to Paragraphs (1) and (2) shall be determined by the Presidential Decree.

Article 25 (Itinerant Education, Etc.)

(1) The school superintendent or the superintendent of the office of education shall place the teaching staff of special education and personnel in charge of services related to special education into the general schools and Special Education Support Centers and implement an itinerant education in order to support the persons subject to special education who receive integrated education in general schools. (2) The superintendent of the office of education shall implement itinerant education when it is necessary for education for persons subject to special education who, for unavoidable reasons, may be absent for a long or short term due to serious disabilities. (3) The superintendent of the office of education shall implement itinerant education when it is necessary for education for persons subject to special education who can barely or cannot be educated in each school due to serious movement disabilities or physical disabilities so that they should stay in the welfare center, medical center, or home.

(4) Matters necessary for managing itinerant education such as the class hours of the itinerant education, etc. according to Paragraphs (1) through (3) shall be determined by the Presidential Decree.

Article 26 (Kindergarten Education Institution that Manages Full-day Programs) (1) In the case that persons subject to special education are placed in the kindergarten education institutions that manage full-day programs according to Subparagraph 6 of Article 2 of the `Early Childhood Education Act', the head of the relevant school may place one or more additional personnel who will be in charge of managing the full-day programs in each class.

(2) Matters necessary regarding the qualification standard of the personnel in charge, and management method as provided under Paragraph (1) shall be determined by the Presidential Decree.

Article 27 (Standard for Establishing Classes of the Special School and Special Class in Each Grade of School)

(1) The heads of the special school and each school shall establish classes and special classes according to the standards falling under any of the following subparagraphs.

1. Kindergarten: In the case that the number of persons subject to special education are not less than one and not more than four, one class shall be opened, and in the case that they exceed four persons, two or more classes shall be opened;

2. Elementary school, Middle school: In the case that persons subject to special education are not less than one and not more than six, one class shall be opened, and in the case that they exceed six persons, two or more classes shall be opened; and

3. High school: In the case that persons subject to special education are not less than one and not more than seven, one class shall be opened, and in case they exceed seven persons, two or more classes shall be opened.

(2) The superintendent of the office of education may lower the standard of class openings according to the degree of disability and types in the case of itinerant education, notwithstanding the provisions as provided under Paragraph (1). (3) Standards for placing the teaching staff of special education that are placed in the special school and special class shall be determined by the Presidential Decree. Article 28 (Service Related to Special Education) (1) The superintendent of the office of education shall provide family support such as family counseling to persons subject to special education and their families. (2) The superintendent of the office of education shall provide medical support such as physical therapy, and occupational therapy, etc. in the event that persons subject to special education require it.

(3) The head of each school shall provide assisting personnel for the persons subject to special education.

(4) The head of each school shall provide equipment such as various teaching tools for the disabled, various learning assisting units, assisting engineering machines, etc. that are necessary for education of persons subject to special education. (5) The head of each school shall prepare support measures for school attendance such as vehicle support for school attendance, expense support for school attendance and assisting personnel support for school attendance for the convenience of persons subject to special education who attend school.

(6) The head of each school may build and manage a dormitory for life guidance and protection of persons subject to special education. The special school that built and manages a dormitory shall have a qualified daily life guidance counselor as determined by the Ordinance of the Ministry of Education, Science and Technology for life guidance and protection. The standard for placing a daily life guidance counselor shall be determined, in the case of the national school, by the Ordinance of the Ministry of Education, Science and Technology, and in the case of a public and private school, by the education regulations of the city/Do. (7) The head of each school shall provide information in a way that it meets the types of disabilities of the persons subject to special education in case he/she provides persons subject to special education with a variety of information (including the internet homepage operating by the education institution) provided from each school. (8) Matters necessary for the purpose of providing services related to special education according to the regulations of Paragraphs (1) through (7) shall be determined by the Presidential Decree.

CHAPTER 5. HIGHER EDUCATION AND LIFE-LONG EDUCATION Article 29 (Special Support Committee)

(1) The head of the university shall establish and manage the Special Support Committee in order to examine and decide the matters falling under each of the following subparagraphs.

1. Plan for supporting the disabled students of university;

2. Examine and decide the cases for which the examination has been claimed; and

3. Other matters as determined by the Presidential Decree for supporting the handicapped students.

(2) Necessary matters regarding the establishment and management of the Special Support Committee shall be determined by the Presidential Decree. Article 30 (Disabled Student Support Center)

(1) The head of the university shall build and manage the handicapped student support center that is in charge of general support of the education and life of the disabled student. Provided, however, that in the case of a small sized university where the disabled student is not enrolled or whose number of the disabled student is less than a certain number prescribed by the Presidential Decree, it may establish the support division for the disabled student or have the personnel fully responsible to replace the above support center.

(2) The disabled student support center (in the case it is replaced by the support division for the disabled student or by the personnel fully responsible according to Paragraph (1), the same shall apply) shall be in charge of any of the following subparagraphs.

1. Matters regarding various supports for the disabled student;

2. Matters regarding the convenience provision determined by Article 31;

3. Matters regarding education for the teaching staff and assisting personnel;

4. Matters regarding the survey of actual conditions of education welfare for the disabled student; and

5. Other matters submitted for consideration by the head of the university. (3) Matters necessary for establishing and managing the disabled student support center shall be determined by the Presidential Decree.

Article 31 (Provision of Convenience, Etc.)

(1) The head of the university shall actively seek and provide any measure falling under any of the following subparagraphs for the convenience of educational activities of the enrolled disabled student.

1. Material support such as various learning assisting units and assisting engineering machines, etc;

2. Personnel support such as placement of assisting personnel for education;

3. Support for the convenience for school attendance;

4. Support for information access; and

5. Support for the establishment of the convenience facilities according to Subparagraph 2 of Article 2 of the Act on Contribution to the Convenience of the Handicapped, Aged Man, and Pregnant Women.

(2) The State and local self-governments shall support the necessary expenses according to Paragraph (1) within the budgetary limits.

Article 32 (Preparation of School Regulation, Etc.) The head of the university shall prescribe the details, which are necessary for the support of disabled students as determined by this Act, in the school regulation. Article 33 (Life-long Education Program for the Disabled) (1) The head of each school may establish and manage the life-long education program for the disabled so that the disabled person may continue to be educated as provided under Article 2 of the `Disabled Welfare Act', by taking into consideration the educational environment of the relevant school.

(2) The life-long education institution and life-long education group according to the `Life-long Education Act' may establish and manage additional life-long education programs for the disabled for increasing the opportunity for life-long education of the disabled.

(3) The life-long education center established according to Article 13 of the `Life­long Education Act' shall develop and study life-long programs for the disabled in order to develop and study measures for increasing the opportunity of life-long education for the disabled.

(4) The local life-long education information center which is established under Article 14 of the `Life-long Education Act' shall provide support so that the life-long education group and life-long education facility may establish and manage the life-long education course for the disabled.

Article 34 (Establishment of Life-long Education Facility for the Disabled) (1) The State and local self-governments may establish and manage the life-long education facility in the form of school for the disabled for whom did not take elementary and secondary education while passing the school age. (2) When a person other than the State and local self-governments intends to establish the life-long education facility for the disabled according to Paragraph (1), he/she shall prepare the facilities and equipments as determined by the Presidential Decree and register the education facilities in the division under the superintendent of the office of education.

(3) The State and local self-governments shall provide support for the expenses necessary for managing the life-long education facility for the disabled within the budgetary limits.

CHAPTER 6. SUPPLEMENTARY PROVISIONS AND PENAL PROVISIONS Article 35 (Claim for Examination to the University, Etc.) (1) The disabled students and their guardians may apply in writing for the provision of various support measures according to this Act to the university. (2) The head of the university shall notify in writing whether to provide support and its reason thereof to an applicant within two weeks in regards to the application as provided under Paragraph (1).

(3) The disabled students and their guardians may request examination to the Special Support Committee on the head of the university who violates this Act or the behavior of the teaching staff that violates this Act, and the decision (including forbearance and traverse) of the university regarding the application as provided under Paragraph (1). (4) The special support committee shall make a decision on the claim for examination as provided under Paragraph (3) within two weeks.

(5) Given the examination according to Paragraph (3), an opportunity to express one's opinion shall be given to the applicant.

(6) The head of the university, teaching staff of the university and other people concerned shall comply with the decision according to Paragraph (4). (7) Matters necessary for claiming the examination to the Special Support Committee shall be determined by the Presidential Decree.

Article 36 (Examination Claim for High School or Lower Grades) (1) The persons subject to special education or their guardians may request for examination to the City, Gun, Gu Special Education Support Committee or the City/Do Special Education Support Committee when they object any measure of the school superintendent, superintendent of the office of education or head of each school, which falls under any of the following subparagraphs.

1. To select a person subject to special education according to Article 15 (1);

2. To determine contents of education support according to Article 16 (3);

3. To placement into the school according to Article 17 (1); or.

4. Unjust discrimination that violates Article 4. (2) The head of each school where a person subject to special education is placed according to Article 17 (1) may request for examination to the relevant City, Gun, Gu Special Education Support Committee or the City/Do Special Education Support Committee in the case that there is a special reason that he/she cannot accept it or a person subject to special education has a considerable difficulty for more than three months in adapting to school life, where the student has been enrolled. (3) When the City, Gun, Gu Special Education Support Committee or the City/Do Special Education Support Committee receives the claim for examination as provided under Paragraphs (1) and (2), it shall examine and notify the decision to the claimant within 30 days.

(4) In regards to the examination of Paragraph (3), an opportunity for expressing one's opinion shall be given to the claimant.

(5) The school superintendent, superintendent of office of education, head of each school and other people concerned shall follow the decision as provided under Paragraph (3). (6) The persons subject to special education or their guardians who have an objection against the decision of examination as provided under Paragraph (3) may raise an administrative adjudgement within 90 days from the date of receiving notification. (7) Matters necessary regarding the procedure of examination claim according to regulations from Paragraphs (1) through (4) shall be determined by the Presidential Decree.

Article 37 (Delegation and Consignment of Authority) (1) The authority of the Minister of Education, Science and Technology according to this Act may be delegated in part to the superintendent of the office of education as determined by the Presidential Decree. . (2) The authority of the superintendent of the office of education according to this Act may be delegated in part to the school superintendent as determined by the Presidential Decree.

Article 38 (Penal Regulations)

Any person who falls under any of the following subparagraphs shall be imposed a fine of less than three million won.

1. A head of the education institution who executed unfair proceedings in which he/she refuses the entrance of persons subject to special education or refuses the entrance of a person who passed the entrance exam for the reason of disabilities in violation of Article 4 (1);

2. A person who makes discrimination in the provision of services related to special education, participation in class, participation in intramural and extramural activities, and participation of guardians in the individualized education support team in violation of Subparagraphs 1 through 3 of Article 4 (2); and

3. Any person who requires an additional interview or physical exam unrelated to checking if the disabled can take an examination without difficulty in the entrance exam procedure of the university in violation of Subparagraph 4 of Article 4 (2). ADDENDA (GOVERNMENT ORGANIZATION ACT) Article 1 (Enforcement Date)

This Act shall enter into force from the date of its promulgation. Provided, that ...... Among laws and regulations that are amended according to Article 6 of the Addenda, any laws and regulations whose contents are published before the enforcement of this Act but enforcement date is not reached shall enter into force from the enforcement date of each relevant law.

Article 2 to Article 5 Omitted.

Article 6 (Amendment of Other Laws and Regulations) to <93> Omitted.

<94> Parts of the Special Education Act for the Disabled, Etc. shall be amended as follows:

In Article 5 (4), the "Minister of Education, Human Resources & Development" shall be amended to the "Minister of Education, Science and Technology." In Article 10 (1), Article 13 (1) and (2), Article 24 (2), Article 37 (1), the "Minister of Education, Human Resources & Development" shall be amended to the "Minister of Education, Science and Technology."

In Article 20 (1), Article 22 (5), the latter parts of Article 28 (6), the "Ordinance of the Ministry of Education, Human Resources & Development" shall be amended to the "Ordinance of the Ministry of Education, Science, and Technology." <95> to <760> Omitted.

Article 7 Omitted.