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ENFORCEMENT DECREE OF ACT ON SPECIAL EDUCATION FOR DISABLED PERSONS, ETC.

[Enforced on May 26, 2008] [Presidential Decree No. 20790, Enacted on May 26, 2008] Ministry of Education, Science and Technology (Special Education Support Division) 02- 2100-6436

CHAPTER 1. GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to define the matters delegated by the `Act on Special Education for Disabled Persons, Etc.' and matters necessary for implementation thereof. Article 2 (Implementation of Compulsory Education) As provided under Article 3 of the `Act on Special Education for Disabled Persons, Etc.' (hereinafter referred to as the `Act') and the proviso of Article 1 of the Addenda of the Act No. 8483, the compulsory education for the disabled shall be implemented in turn according to any of the following subparagraphs.

1. School Year of 2010: Kindergarten course for children not less than five years old and high school course;

2. School Year of 2011: Kindergarten course for children not less than four years old; and

3. School Year of 2012: Kindergarten course for children not less than three years old. Article 3 (Costs for Compulsory Education, Etc.)

(1) As provided under Article 3 (3) of the Act, the costs that shall be burdened by the State or local self-governments shall include admission fee, tuition, textbook costs, and school meal costs.

(2) The State and local self-governments may burden or assist the school management support fee, school attendance fee, and field and experience learning fee, etc. within its budge, other than the costs as provided under Paragraph (1). CHAPTER 2. DUTY OF THE STATE AND LOCAL SELF-GOVERNMENTS Article 4 (Sponsored Education)

(1) The superintendant of the office of education shall consult with the head of the special education institution (including the head of the private school where special classes are opened) regarding educational condition, number of students that may be educated, term of education, etc. of the private special education institution located in its competent jurisdiction no later than ten months prior to the start of each school year, in order to entrust the education for the persons subject to special education to the private special education institution as provided under Article 6 (2) of the Act. (2) The superintendant of the office of education shall pay for the management fee, facility fee, experiment practice fee, vocational course and job training fee, wages for the teaching staff, and other expenses needed for special education so that the private education institution to which the education for persons subject to special education has been entrusted may provide the same program as that of national or public special education institutions.

(3) Detailed matters regarding the management of the entrusted education other than the provisions of Paragraphs (1) and (2) shall be provided as determined by the superintendant of the office of education.

Article 5 (Qualification Enhancement of Teaching Staff) (1) The Minister of Education, Science and Technology and the superintendant of the office of education shall include a program regarding special education in the event that they require the teaching staff of the general school (excluding the teaching staff of special education; hereinafter the same shall apply in this Article) trained in order to enhance the understanding on integrated education. (2) The Minister of Education, Science and Technology and the superintendant of the office of education shall, in order to perform integrated education efficiently, establish and manage an operation training course for the teaching staff of the general school that supports integrated education, and an operation training course regarding the general subject education for the teaching staff of special education. Article 6 (Organization and Management of the Central Special Education Support Committee)

(1) The Central Special Education Support Committee organized as provided under Article 10 (1) of the Act (hereinafter referred to as the "Central Committee) shall be organized of not more than 15 committee members including a chairman. (2) The first vice minister shall be the chairman of the Central Committee (hereinafter referred to as the "chairman") and the committee members shall be composed of ex officio members and appointed members.

(3) The ex officio member shall be a person appointed by the relevant Minister as a public servant belonging to the senior public employee group of the Ministry of Education, Science and Technology, the Ministry of Public Administration and Security, the Ministry of Culture, Sports & Tourism, the Ministry for Health, Welfare and Family Affairs, the Ministry of Labor, and the Ministry of Gender Equality. (4) The appointed member shall be appointed by a chairman among persons who fall under any of the following subparagraphs.

1. A person who has a qualification for teaching staff of special education and is educating or has educated persons subject to special education for not less than seven years.

2. Parents or guardians of persons subject to special education who works or have worked in the field of special education.

3. A person who is or was in office as a position of an associate professor or higher to teach studies regarding special education in a school managed as provided under Article 2 (1) or (3) of the `Higher Education Act'. (5) The term of the appointed member shall be two years and may be renewed for one term only.

(6) The convention of the Central Committee shall be held not less than twice a year, and in the event that a chairman recognizes it necessary or not less than one third of the enrolled members recognize it necessary, the chairman shall convene the convention. (7) The convention of the Central Committee shall be opened by a majority of attendance of the enrolled members, and resolved by approval of a majority of the attending members.

(8) The Central Committee can require the respective administrative institution to attend its employee, explain and submit materials when it is recognized to be necessary. (9) Other matters necessary for the organization and management of the Central Committee shall be determined by a chairman after undergoing deliberation by the Central Committee.

Article 7 (Establishment and Management of Special Education Support Center) (1) The superintendant of the office of education shall secure an independent space where the operation of the special education support center can be performed when the special education support center as provided under Article 11 of the Act is established. (2) The superintendant of the office of education shall place the expert personnel of special education who are exclusively responsible for their operations in order that the Special Education Support Center can perform its operation efficiently. (3) The superintendant of the office of education may establish and manage two or more Special Education Support Centers in a subordinate education administrative institution in the case that it is required taking into consideration the geographical characteristics and demands for special education, etc. (4) The Special Education Support Center may build a cooperation system with related institutions and perform its operation in order to perform the operation efficiently. (5) In the case that an infant or student who is suspected to have disabilities in the diagnosis and evaluation processes by the Special Education Support Center has no previous medical diagnosis, the superintendant of the office of education shall request its medical diagnosis to the health center, hospital or clinic. (6) In the case that the superintendant of the office of education requests medical diagnosis to the health center, hospital or clinic according to Paragraph 5, he/she shall be responsible for the costs.

Article 8 (Survey of Actual Conditions)

(1) Matters, which actual conditions shall be surveyed as provided under Article 13 of the Act, shall be as provided under any of the following subparagraphs.

1. Current status of person subject to special education such as gender, age, disability type and degree of disability;

2. Actual condition of the management of the special education institution and its curriculum;

3. Current status of provision of service related to special education;

4. Current status of administrative organization and assistance for supporting special education;

5. Current status of raising, distributing and using the special education funds;

6. Educational result of persons subject to special education and their living condition after graduation;

7. Current status of management of the life-long education course and life-long education facility of the disabled; and

8. Degree of satisfaction and requirements on special education support of persons concerned in special education such as an person subject to special education, his/her guardian, and experts on special education, etc.. (2) The survey of actual conditions shall be performed by method of sample survey, however, when comprehension of the accurate current status of special education is necessary and/or the characteristics of the survey item requires, the method of the complete survey might be adopted.

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

Article 9 (Early Finding of the Disabled, Etc.)

(1) The school superintendent or the superintendant of the office of education shall perform PR activities once or more per year as provided under Article 14 (1) of the Act. (2) The school superintendent or superintendant of the office of education shall perform a screening test occasionally for infants or students (hereinafter referred to as the "infant, etc,"; hereinafter the same shall apply) of the nursery facility, kindergarten and school in his/her competent jurisdiction in order to discover disabilities in advance. In this case, he/she may use the results of the medical checkup as provided under Article 47 (1) of the National Health Insurance Act or Article 14 (1) of the Medical Care Act. (3) The school superintendent or superintendant of the office of education shall guide a guardian and consult with the guardian so that the infant who is suspected to have disabilities in the screening test may receive disability diagnosis in a hospital or clinic. (4) In the case that a guardian of an infant who received the screening test requires to be selected as a person subject to special education as provided under Article 15, the school superintendent or superintendant of the office of education shall have the guardian of the infant submit the result of medical checkup or written diagnosis, and then conduct a diagnosis and evaluation in order to determine whether the infant is subject to a person subject to special education. (5) When the school superintendent or the superintendant of the office of education determines that special education is required for an infant as a result of diagnosis and evaluation as provided under Paragraph (3), he/she shall inform in writing the contents and procedures necessary for the selection of a person subject to special education to a guardian.

(6) Matters regarding the screening test and diagnosis and evaluation according to Paragraphs (2) through (5) shall be prescribed by the Ordinance of the Ministry of Education, Science and Technology. In this case, matters regarding the screening test as provided under Paragraph (2) shall be consulted with the Minister of Health, Welfare and Family Affairs.

Article 10 (Criteria for Selecting a Person Subject to Special Education) Criteria for selecting persons subject to special education as provided under Article 15 shall be as provided in the attached Table.

Article 11 (Placement of Persons Subject to Special Education in School) (1) When the school superintendent or the superintendant of the office of education places a person subject to special education in the school as provided under Article 17 (1) of the Act, he/she shall notify it in writing to the head of the relevant school and the person subject to special education.

(2) In the case that the school superintendent or the superintendant of the office of education places a person subject to special education in a general class of a general school, he/she shall have the teaching staff of special education who works in the special education support center visit the school to support the learning. (3) If it is required to add, change, or terminate the contents of education support for the persons subject to special education or to replace persons subject to special education , the head of each school may request the diagnosis, evaluation and replacement of the persons subject to special education after going through the review of the individualized education support team as provided under Article 22 (1). Article 12 (Objection against Placement)

The "special reason as determined by the Presidential Decree" in Article 17 (4) of the Act means cases in which it is impossible to educate efficiently because the disability type of the person that is placed to the specific school is different from that of the persons who are educated in that specific school.

CHAPTER 4. INFANT, ELEMENTARY AND SECONDARY EDUCATION Article 13 (Education Support for Handicapped Infant) (1) The number of class days of the disabled infant whose age is not more than three years old (hereinafter in this Article referred to as the "disabled infant") shall be 150 days per school year as a standard but, if it is required due to the health condition of the disabled infant and the management of the curriculum, the number of class days may be reduced within a range of 30 days after obtaining approval from the Minister of Education, Science and Technology, the superintendant of the office of education or the school superintendent.

(2) Matters regarding the placement of teaching staff to the class of infants who receive special education as provided under Article 18 (2) of the Act shall be determined by the Minister of Education, Science and Technology, the superintendant of the office of education, or school superintendent.

(3) In the case that the disabled infant is placed in the Special Education Support Center as provided under Article 18 (2) of the Act and is educated, the superintendant of the office of education or school superintendent shall establish general classrooms as provided in the attached Table of the Special School Facility, Equipment Standard Act in the Special Education Support Center.

(4) The teaching staff in charge of the disabled infant shall be persons who are certified as kindergarten teachers as provided under Article 21 (2) of the `Elementary and Secondary Education Act' and were in charge of the kindergarten programs for not less than three years.

Article 14 (Postponement or Exemption from Duty of School Attendance) (1) In the case that a guardian of a person subject to special education intends to postpone or be exempted from the duty of school attendance of the person subject to special education as provided under Article 19 (2) of the Act, he/she shall apply for the postponement or exemption from the duty of school attendance to the competent superintendant of the office of education or school superintendent. (2) The superintendant of the office of education or school superintendent who received the application according to Paragraph (1) shall determine the postponement or exemption by considering the possibility of attending and returning from school, possibility of itinerant education of persons subject to special education and opinions of guardians, etc through the deliberation of Special Education Support Committee. In this case, the postponement period shall be within one year, and when the postponement period is to be extended, it shall undergo deliberation of the competent Special Education Support Committee.

(3) In the case that a person who was exempted from or postponed the duty of school attendance intends to attend a school, the guardian of the person shall apply for the school attendance to the school superintendent or superintendant of the office of education, and the superintendant of the office of education or school superintendent who received such application shall determine whether the person shall be allowed to attend school after undergoing deliberation of the competent Special Education Support Committee.

Article 15 (Requirement of Education of Nurturing Center) The "nurturing center equipped with a certain educational requirement as determined by the Presidential Decree" in the proviso of Article 19 (2) of the Act means a facility that meets all of the following subparagraphs.

1. Center to which an evaluation certificate is granted as provided under Article 30 (1) of the `Infant Care Act'; and

2. Facility where one infant care teacher is placed per three disabled infants (in the case that the infant care teacher is three or more, one among three infant care teachers shall have a certificate of special education for the kindergarten as provided under Article 21 (2) of the `Elementary and Secondary Education Act'). Article 16 (Facility and Equipment, Etc. for Integrated Education) (1) In the case that the head of the general school implements integrated education as provided under Article 21 (2) of the Act, he/she shall establish a special classroom of larger than 66 square meter from where the persons subject to special education may move easily within the school and with the rest room, etc. located nearby Provided, however, that the class may be established in a classroom larger than 44m2 as

determined by Ordinance of City and Do with the consideration of the number of persons subject to special education placed and other conditions of the school, etc. (2) In the case that the integrated education is implemented as provided under Article 21 (2) of the Act, the head of the general school shall prepare teaching materials and teaching tools such as the equipments for information access, supplementary and replacement equipments for communication, etc. that meet the gender, age, disability types and degree of disability, etc. and education activities of the persons subject to special education.

Article 17 (Criteria for Qualification of Professional Personnel, Etc.) The "professional personnel in charge of vocational courses and job training who has qualification as determined by the Presidential Decree" in Article 23 (1) of the Act means a person who falls under any of following subparagraphs and is qualified as a regular teacher, assistant teacher or student teacher.

1. A person who has completed a major related to vocational rehabilitation in a university or graduate school;

2. A person who has a private certificate or national certificate related to vocational course and job training;

3. A person who has completed the work training related to vocational course and job training.

Article 18 (Facility for Vocational Course and Job Training, Etc.) (1) The head of each school that has a middle school course or higher shall establish one or more classrooms larger than 66m2

for the purpose of vocational course and job

training as provided under Article 23 (2) of the Act. (2) The Special Education Support Center shall compose an association with related institutions such as the Special Education Institution, institution related to employment of the disabled in the relevant area such as the Korea Employment Promotion Agency for the Disabled, vocational rehabilitation center, welfare center for the disabled, and businesses.

(3) The superintendant of office of education shall establish the vocational training room for the purpose of employment of persons subject to special education in the special education school, and shall make efforts to support the personnel and expenses necessary for the room.

Article 19 (Establishment and Management of Specialty Class ) (1) The head of the special education institution that establishes and manages the specialty class as provided for in Article 24 (1) of the Act shall establish one or more classrooms of larger than 66 square meter exclusively for the specialty class , and the detailed standard for facilities and equipments shall be determined by the superintendant of the office of education.

(2) The head of the education institution that established specialty class shall establish a plan for job training including the field practice in order to achieve the purpose of establishment of the specialty class.

(3) The fixed school period of the specialty class and the method of selection of students shall be determined by the head of the education institution who established the specialty class after obtaining approval from the superintendant of office of education.

(4) Personnel in charge of the specialty class shall be placed at the same level as high school courses of special education schools that established the specialty class. Article 20 (Management of Itinerant Education, Etc.) (1) The school superintendent or superintendant of the office of education shall, in order to perform itinerant education according to Article 25 (1) of the Act, draw up and manage an itinerant education plan with the consideration of the ability, degree of disability, etc. of the persons subject to special education who undergo itinerant education.

(2) Class days of the itinerant education shall be determined by the head of each school with 150 days per year as a basis, however, with the consideration of the condition of the persons subject to special education, who receive itinerant education, and considering curriculum management , the class days may be reduced by no more than 30 days after obtaining approval from the guidance and superintendence institution. (3) The school superintendent or superintendant of the office of education may establish and manage the class in the medical center or welfare center for the objects of itinerant education.

Article 21 (Criteria for Qualification of Personnel in Charge of the Full-day Kindergarten Program and Management Method)

(1) Personnel in charge of the full-day program for the persons subject to special education as provided under Article 26 (1) of the Act shall be a person who is qualified as an infant care teacher as provided under Article 21 (2) of the `Infant Care Act' or for teacher as provided under Article 22 of the `Early Childhood Education Act' and Article 21 of the `Elementary and Secondary Education Act'. (2) The head of the education institution of the kindergarten program that manages full- day programs shall connect education with nurturing, and manage programs more than eight hours a day including the regular education programs, and other matters necessary for management shall be determined by the superintendant of office of education.

(3) The superintendant of the office of education shall bear or support the expenses for the education of the kindergarten education institution. Article 22 (Criteria for Placement of Teaching Staff of Special Education in Special School and Special Class)

The number of the teachers in charge of special education as provided under Article 27 (3) of the Act shall be one per four students. Provided, however, teachers of the special metropolitan city, metropolitan city, Do and special self-governing Do may be added or reduced within 40 percent of the placement criteria by the Minister of Education, Science and Technology, and the teachers of the unit school and class by the superintendant of the office of education or school superintendent, with the consideration of the balanced development of education among the farm village, mountain village and fishing village, together with the current management condition of the Special Education Support Center, and the regional spread of persons subject to special education.

Article 23 (Family Support)

(1) The family support as provided under Article 28(1) of the Act shall be carried out by methods of family counseling, nurturing counseling, guardian education and management of family support programs, etc.

(2) The family support as provided under Paragraph (1) may be implemented in connection with the health family support center of Article 35 of the `Strong Family Act' and the disabled welfare center as provided under Article 58 of the `Disabled Welfare Act'

Article 24 (Medical Service Support)

(1) A person necessary for medical service support as provided under Article 28 (2) of the Act shall be a person who has a license as provided under Article 4 of the `Medical Technician, Etc. Act' or has a private certificate authorized by the Minister of the competent Ministry as provided under Article 19 (1) of the `Framework Act on Qualification'.

(2) The superintendant of the office of education or head of the special school may establish and manage a medical service room in the Special Education Support Center or special school.

(3) The superintendant of the office of education may support medical service in connection with the public health medical center as provided under Article 2 of the `Public Health Medical Service Act' and the Disabled Welfare Center as provided under Article 58 of the `Disabled Welfare Act'.

Article 25 (Assisting Personnel)

(1) The superintendant of the office of education shall perform the operations necessary for managing the assisting personnel such as establishment of the plan on supply and demand of assisting personnel, employment and placement of assisting personnel, etc. so that the head of each school may easily provide the assisting personnel for persons subject to special education as provided under Article 28 (3) of the Act. (2) The superintendant of the office of education or school superintendent shall perform training on special education in order to improve the competencies of the assisting personnel.

(3) The role and qualification of the assisting personnel shall be determined by the Ordinance of the Ministry of Education, Science and Technology and other detail matters regarding the management method shall be determined and notified by the superintendant of the office of education.

Article 26 (Support of Various Teaching Tools and Learning Assisting Equipments) The superintendant of the office of education shall prepare necessary tools in the Special Education Support Center so that the head of each school may provide various teaching tools, learning assisting equipments and assisting engineering machines as provided under Article 28 (4) of the Act.

Article 27 (Support of School Attendance)

(1) The superintendant of the office of education shall provide a school shuttle bus to each school or disburse the expense for school attendance to the persons subject to special education and guardians who require support for school attendance so that the support for school attendance as provided under Article 28 (4) of the Act may be provided smoothly.

(2) The head of each school shall take measures so that persons subject to special education may participate in the extramural school activities such as field experience learning and training camp.

Article 28 (Establishment and Management of Dormitory) (1) The superintendant of the office of education may bear or support the expenses necessary for managing a dormitory as provided under Article 28 (6) of the Act. (2) Criteria for facilities and equipments of public and private schools shall be determined by the education regulations of city/Do. Article 29 (Provision of Services Related to Other Special Education) (1) The Minister of Education, Science and Technology and superintendant of the office of education shall provide services related to special education necessary for persons subject to special education in regards to the specific types of disabilities such as walking training, psychological and behavior adjustment training, etc. other than services related to special education as determined under the provisions of Articles 23 through 28.

(2) Personnel necessary for providing services related to special education as provided under Paragraph (1) shall be a person who has a national certificate or a private certificate authorized by the Minister of the competent Ministry as provided under Article 19 (1) of the `Framework Act on Qualification'. CHAPTER 5. HIGHER EDUCATION AND LIFE-LONG EDUCATION Article 30 (Establishment and Management of Special Support Committee) (1) The head of the university shall establish and manage the Special Support Committee (hereinafter referred to as the "Special Support Committee") as provided under Article 29 of the Act in the event that not less than ten disabled students are enrolled in the university.

(2) The head of the university, where less than ten disabled students are enrolled, may enable the disabled student support division under Article 30 (2) of the Act or personnel exclusively responsible for the disabled students to act as the Special Support Committee regarding Subparagraphs 1 and 3 of Article 29 (1) of the Act. (3) The qualification of the member, organization and convention period of the Special Support Committee shall be determined by the head of the relevant university. Article 31 (Establishment and Management, Etc. of Disabled Student Support Center) (1) The "fixed personnel" as provided under the latter part of Article 30 (1) of the Act means nine persons.

(2) The disabled student support center, disabled student support division or personnel exclusively responsible for the disabled student as provided under Article 30 (1) of the Act shall establish a support plan for the disabled student and notify it to the disabled student.

Article 32 (Disabled Life-long Education Facility in the Form of School) (1) The term "facility and equipment determined by the Presidential Decree" as provided under Article 34 (2) of the Act means a facility and equipment that fall under any of following subparagraphs.

1. Classroom larger than 49.5 m2 ;

2. Facility and equipment necessary for learning;

3. Data room with books and more than 500 copies of materials;

4. Maintenance room; and

5. Convenience facility that shall be established in the education and research facility according to the attached Table 2 of the Enforcement Decree of the Act on the Contribution to the Convenience of the Handicapped, Aged Man and Pregnant Women. (2) In the case that a person who establishes and manages a disabled life-long education facility as provided under Article 34 (2) of the Act intends to use the public facility managed by the superintendant of the office of education, the superintendant of the office of education shall provide support so that the person may use the public facility to the extent he/she does not impeded upon the original purpose for using the public facility.

CHAPTER 6. SUPPLEMENTARY PROVISIONS

Article 33 (Procedure for Claiming the Examination) The claim for examination as provided under Article 35 (3) and Article 36 (1) or (2) of the Act and the documents necessary for notifying the result of the examination thereof shall be respectively determined by the Ordinance of the Ministry of Education, Science and Technology.

ADDENDA

Article 1 (Enforcement Day)

This Decree shall be entered into force on the date of its promulgation. Article 2 (Abolition of Other Laws and Regulations) The Enforcement Decree of the Special Education Promotion Act shall be abolished. Article 3 (Amendment of Other Laws and Regulations) Parts of the Enforcement Decree of the Elementary and Secondary Education Act shall be amended as follows:

Article 40 shall be amended as follows, and the attached Table 1-2 of the same Article shall be deleted.

Article 40 (Teaching Staff of Special Education, Etc.) The special education school shall have a head and vice head of the school as provided under Article 19 of the Act. Provided, however, that the school with five or less classes may have no vice president, and the branch school with three or more classes may have a separate vice head.

Criteria for placing a teacher in charge of special education who is placed in the special education school shall be determined by the Presidential Decree. The special education school may have a professional counselor and teacher librarian. Article 4 (Relation with Other Laws and Regulations) In the case that other laws and regulations cite the `Enforcement Decree of the Special Education Promotion Act' or its regulations when this Decree is enforced, if there is the relevant regulation among this Decree, it shall be regarded as citing this Decree or the relevant regulation of this Decree in replacement of the prior regulations.