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

[Enforced on Jun 12, 2008] [Ordinance of the Ministry of Education, Science and Technology No. 5, Enacted on Jun 12, 2008]

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

Article 1 (Purpose)

The purpose of this Rule is to provide for the matters delegated by the `Act on Special Education for Disabled Persons, Etc.' and its Enforcement Decree, and matters necessary for enforcement hereof.

Article 2 (Early Finding of the Disabled)

(1) The school superintendent or superintendant of the office of education shall implement the test as provided in the attached Table in the event that he/she implements a screening test or a diagnosis and evaluation according to Article 14 (1) or (3) of the `Act on Special Education for Disabled Persons, Etc.' (hereinafter referred to as the "Act")

(2) When the guardian or head of each school finds an infant or student who is suspected to have a disability or is disabled as provided under each Subparagraph of Article 15 (1) and intends to request the diagnosis and evaluation, he/she shall draw up the diagnosis and evaluation request form as shown in the attached Table 1 and submit it to the school superintendent or superintendant of the office of education. (3) When the superintendant of the office of education or school superintendent notifies the result of the diagnosis and evaluation according to Article 9 (5) of the `Enforcement Decree of Act on Special Education for Disabled Persons (hereinafter referred to as the "Decree") to the infants and guardians of the students, he/she shall comply with the form of the attached Table 2

Article 3 (Placement of Persons Subject to Special Education into School) In the case that the superintendant of the office of education or school superintendent places the persons subject to special education into the school according to Article 11 (1) of the Decree, he/she shall notify it to the head of the relevant school and persons subject to special education.

Article 4 (Organization, Etc. of Individualized Education Support Team) (1) The head of each school shall organize an individualized education support team for each person subject to special education within two weeks from the start day of each school year according to Article 22 (1) of the Act. (2) The individualized education support team shall draw up a plan for individualized education within 30 days from the start day of each semester. (3) The individualized education plan shall include the personal data, current learning level of the field requiring the education support, education purpose, education contents, education methods, evaluation plan, and contents and methods of services related to special education to be provided, of the person subject to special education. (4) The head of each school shall implement the evaluation of learning achievement of each person subject to special education according to the individualized education plan by each semester, and notify its result to the person subject to special education or the guardian.

Article 5 (Role and Qualification of Assisting Personnel) (1) An assisting personnel that is placed in class according to Article 28 (3) of the Act shall be responsible for assisting roles for education and school activities of persons subject to special education such as teaching and learning activities, care, school meals, intramural and extramural activities, going to and leaving school according to the direction of a teacher.

(2) The qualification of the assisting personnel shall be a person who graduated from high school or was recognized to have the same academic background or higher than high school.

Article 6 (Qualification and Placement Criteria of Life Guidance Counselor) (1) The life guidance counselor who shall be placed in a dormitory of the special school according to the former part of Article 28 (6) of the Act shall be a person who falls under any of the following subparagraphs.

1. A person who is qualified as a teacher; and

2. As a person who graduated from a high school or was recognized to have the same academic background or higher than high school, the person who has qualification that falls under any of the following items:

A. Physical therapist or occupational therapist according to Article 2 of the `Medical Technician, Etc. Act';

B. Welfare and community worker according to Article 11 of the `Social Welfare Service Act'; and

C. Child care teacher according to Article 21 (2) of `the Infant Care Act'. (2) As for the life guidance counselor who is placed in a national school according to the latter part of Article 28 (6) of the Act, one or more persons shall be placed per five students. Provided, however, that in the case of the middle school and high school that teach the persons subject to special education with visual disability or hearing impairment, one or more counselors may be placed per seven students. Article 7 (Notification of Result of Examination Claim for the Special Support Committee, Etc.)

(1) When a disabled student or his/her guardian claims the examination according to Article 35 (3) of the Act, he/she shall submit the examination claim form as shown in the attached Table 4 to the Special Support Committee of the relevant school. (2) The Special Support Committee that received the examination claim according to Paragraph (1) shall deliver the notification of examination result as shown in the attached Table 5 to the claimant after undergoing the examination. Article 8 (Notification of Result of Examination Claim of the High School or Lower Level of School, Etc.)

(1) When the person subject to special education, guardian or head of each school requests examination according to Article 36 (1) or (2) of the Act, he/she shall submit the examination request form as shown in the attached Table 6 to the relevant City, Gun, Gu Special Education Support Committee or City and Do Special Education Support Committee.

(2) The City, Gun, Gu Special Education Support Committee or the City/Do Special Education Support Committee that received the examination request according to Paragraph (1) shall deliver the notification of exam result as shown in the attached Table 7 to the claimant after going through the examination. ADDENDA

Article 1 (Enforcement Day)

This Rule shall be entered into force on the date of its promulgation. Article 2 (Abolition of Other Laws and Regulations) The Enforcement Rule of the Special Education Promotion Act shall be abolished. Article 3 (Expiration Measure for Life Guidance Counselor) A person who serves as a life guidance counselor in a dormitory of the special education school according to Item C of Subparagraph 2 of Article 5 (1) of the previous `Enforcement Rule of Special Education Promotion Act' when this rule is enforced shall be considered as a life guidance counselor as provided under Article 6 (1) by Dec. 31,

2009. Article 4 (Relation with Other Laws and Regulations) In the case that other laws and regulations cite the `Enforcement Rule of Special Education Promotion Act' or its regulations when this rule is enforced, if there is a regulation that falls under the relevant regulation among this Rule, it shall be regarded as citing this Rule or the relevant regulation of this Rule in replacement of prior regulations.