Circular No. 03/2018/TT-BGDĐT stipulates on inclusive education for persons with disabilities

 

CIRCULAR

REGULATIONS ON INTEGRATED EDUCATION FOR PERSONS WITH DISABILITIES

On the basis of Law on Education dated June 14, 2005;Law Amending and Supplementing Certain Articles of the Law on Education dated November 25, 2009;

On the basis of Law on Persons with Disabilities dated June 17, 2010;

Decree No. The Minister of Education and Training issues this Circular regulating the suspension of the effect of training qualification standards for teachers stipulated in certain Circulars issued by the Minister of Education and Training.

Decree No. Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain articles of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain articles of Decree No. Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain articles of the Law on Education; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending Point b Clause 13 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain articles of the Law on Education;

At the proposal of the Director of the Department of Primary Education;

The Minister of Education and Training issues this Circular to regulate integrated education for persons with disabilities.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates integrated education for persons with disabilities, including: organization and activities of integrated education for persons with disabilities; tasks and authorities of teachers, lecturers, educational support staff for persons with disabilities and persons with disabilities.

2. This Circular applies to preschool education institutions, general education institutions, regular education institutions, teacher training colleges, teacher training universities, higher education institutions (hereinafter referred to collectively as educational institutions); centers for supporting the development of integrated education; organizations and individuals implementing integrated education for persons with disabilities (hereinafter referred to as integrated education).

Article 2. Interpretation of Terms

In this document, the following terms are understood as follows:

1. Person with disability is a person who has a deficiency in one or more body parts or a reduction in function manifested as a disability that causes difficulties in labor, daily life, and study.

2. Integrated education for persons with disabilities is a method of educating persons with disabilities together with those without disabilities within educational institutions.

3. Inclusive classroom is a class where persons with disabilities study alongside those without disabilities within educational institutions.

4. Special education support room is a classroom in educational institutions used to support persons with disabilities in inclusive learning.

5. Specific skills are necessary skills required to overcome functional reductions caused by disabilities, helping persons with disabilities facilitate their daily living, communication, study, and community integration.

6. Early intervention is an activity aimed at detecting, preventing, and mitigating risks leading to disabilities; minimizing limitations caused by disabilities; enhancing developmental capabilities and increasing independent living abilities of persons with disabilities in society.

Article 3. Objectives of integrated education

1. Persons with disabilities develop their own capabilities, integrate into society, and increase opportunities to contribute to the community.

2. Ensuring equal, quality, and appropriate education rights based on the characteristics and capabilities of persons with disabilities.

Article 4. International cooperation

1. Localities, educational institutions, centers for supporting the development of integrated education mobilize assistance from international individuals and organizations to enhance the effectiveness of integrated education in accordance with Vietnamese law.

2. Encouraging localities, educational institutions, centers for supporting the development of integrated education to expand international cooperation in integrated education.

Chapter II
ORGANIZATION AND ACTIVITIES OF INTEGRATED EDUCATION FOR PERSONS WITH DISABILITIES

Article 5. Tasks and Authorities of Educational Institutions Implementing Inclusive Education

1. Identifying, mobilizing, and receiving persons with disabilities for learning at educational institutions.

2. Arranging and organizing classes suitable for persons with disabilities; ensuring that each inclusive class has no more than two (2) persons with disabilities. In special cases, the head of the educational institution may arrange additional persons with disabilities in a class based on actual conditions to ensure that all persons with disabilities who need inclusive education can attend school.

3. Developing and implementing early intervention plans and inclusive education programs; providing career counseling appropriate to the needs and capabilities of persons with disabilities.

4. Creating an inclusive and friendly educational environment, ensuring that persons with disabilities are respected, supported, cooperative, and participate equally in all educational activities.

5. Cooperating with families, communities, centers for developing inclusive education, and specialized educational institutions to implement inclusive education.

6. Supporting early intervention activities and basic skill development for persons with disabilities to facilitate their integration into society.

7. Providing information about the education of persons with disabilities enrolled in inclusive education at the educational institution to the disability level determination council of communes, wards, towns (hereinafter referred to collectively as commune level).

8. Developing professional capacity for management staff, teachers, lecturers, and personnel to meet the requirements of inclusive education.

9. Mobilizing human resources to support inclusive education and utilizing state budget funds allocated for the implementation of inclusive education tasks as prescribed by law.

Article 6. Support Rooms for Inclusive Education and Activities Supporting Inclusive Education in Educational Institutions

1. Based on the conditions of the educational institution and the support needs of persons with disabilities enrolled in inclusive education, the educational institution shall arrange a support room for inclusive education to carry out activities supporting persons with disabilities in inclusive education.

2. The support room for inclusive education shall be equipped with specialized support devices, learning materials, and tools to assess the personal development levels of persons with disabilities to organize activities aimed at developing their abilities.

3. Activities supporting inclusive education:

a) Supporting persons with disabilities to supplement knowledge and develop specific skills to effectively engage in inclusive education;

b) Advising and supporting methods and skills for inclusive education for teachers and support staff for persons with disabilities and their families;

c) Advising on inclusive education support services and career guidance for persons with disabilities.

4. Educational institutions shall cooperate with centers for developing inclusive education, organizations, and individuals to implement activities supporting persons with disabilities in the support room for inclusive education effectively.

Article 7. Role and Responsibilities of Centers for Developing Inclusive Education in Coordinating with Educational Institutions to Implement Inclusive Education

1. Supporting the identification of disabilities, planning, and implementing inclusive education.

2. Providing professional support for care and inclusive education for management staff, teachers, and personnel of educational institutions.

3. Supporting and advising on care and education for persons with disabilities for their families.

Article 8. Enrollment and Admission for Persons with Disabilities to Inclusive Education

1. Persons with disabilities shall enjoy policies on enrollment and admission in accordance with Circular No. 42/2013/TTLT-BGDĐT-BLĐTBXH-BTC dated December 31, 2013 issued by the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance regarding policies on education for persons with disabilities (Circular No. 42) and current regulations on admission for each level of education and training.

2. The dossier of persons with disabilities participating in inclusive education shall comply with the requirements specified for each level of education and training, along with a certificate confirming the degree of disability and an individual education plan.

Article 9. Individual Education Plan

1. Each person with disabilities participating in inclusive education shall have an individual education plan.

2. The individual education plan shall be developed by teachers and lecturers in collaboration with educational support staff and the family of the person with disabilities based on the capabilities and needs of the person with disabilities, the curriculum, and teaching plans suitable to the actual conditions of the educational institution.

3. The individual education plan shall include information on: capabilities and needs; personal characteristics; annual and semester goals; time, content, measures, and implementers; assessment results and post-assessment adjustments for the learner.

Article 10. Physical Facilities, Equipment, Means, Teaching Aids, and Toys of Educational Institutions for Implementing Inclusive Education

1. Educational institutions shall ensure minimum conditions regarding physical facilities, means, equipment, teaching aids, and toys that meet the requirements for inclusive education for persons with disabilities.

2. It is encouraged for educational institutions to collaborate with organizations and individuals to design and produce equipment, means, teaching aids, and toys for persons with disabilities.

Chapter III
TASKS AND RIGHTS OF TEACHERS, LECTURERS, EDUCATIONAL SUPPORT STAFF FOR PERSONS WITH DISABILITIES

PERSONS WITH DISABILITIES

AND PERSONS WITH DISABILITIES

Article 11. Tasks of Teachers and Lecturers

In addition to performing tasks as prescribed for educators, teachers, and lecturers involved in inclusive education shall undertake the following tasks:

1. Respect and implement the rights of persons with disabilities.

2. Maintain confidentiality regarding the disability status of individuals with disabilities and their families.

3. Collaborate with educational support staff and the families of persons with disabilities to develop individual education plans for those participating in inclusive education; organize educational activities and assess educational outcomes according to the individual education plan of the person with disabilities.

4. Identify and propose solutions to address issues arising during the implementation of inclusive education.

5. Advise persons with disabilities and their families on support services, early intervention, inclusive education, and career guidance appropriate to the capabilities and needs of the person with disabilities.

6. Collaborate with colleagues, families, and related organizations and individuals to create an inclusive and friendly educational environment for persons with disabilities.

7. Regularly enhance themselves, innovate methods, and learn from experiences to improve the effectiveness of inclusive education.

Article 12. Rights of Teachers and Lecturers

In addition to the rights prescribed for educators, teachers, and lecturers involved in inclusive education shall enjoy the following rights:

1. Receive professional training and vocational enhancement in inclusive education.

2. Participate in tours and learning experiences related to inclusive education.

3. Be rewarded for outstanding achievements in inclusive education.

4. Enjoy preferential policies in inclusive education as stipulated currently.

Article 13. Duties of Educational Support Staff for Persons with Disabilities

The duties of educational support staff for persons with disabilities shall be carried out in accordance with Circular Joint Circular No. 19/2016/TTLT-BGDĐT-BNV dated June 22, 2016, issued by the Ministry of Education and Training and the Ministry of Home Affairs on the code number and job qualification standards for educational support staff for persons with disabilities in public educational institutions.

Article 14. Duties of Persons with Disabilities

In addition to performing the duties of students as prescribed, persons with disabilities participating in inclusive education shall perform the following duties:

1. Studying and practicing according to the individual education plan of the person with disabilities.

2. Providing information about their health status, learning capacity, and requesting support needs from their family and educational institution when necessary.

3. Respecting administrative staff, teachers, and educational support staff within the educational institution; fostering unity, helping each other in studying and practicing; complying with school regulations; maintaining and protecting common property.

Article 15. Rights of Persons with Disabilities

In addition to the rights of students as prescribed, persons with disabilities participating in inclusive education shall enjoy the following rights:

1. Persons with disabilities may enroll at an older age than the prescribed enrollment age.

2. Studying in educational institutions suitable to their level and capabilities; being cared for, respected, protected, and treated equally in education and educational activities to develop personal abilities; receiving information, textbooks, study materials, and scholarships as prescribed.

3. Receiving education, training, and support during individual classes on specialized knowledge and skills to effectively participate in inclusive education.

4. Being advised on support services, early intervention, inclusive education, and vocational guidance suitable to their abilities and needs.

5. Having their disability-related information kept confidential.

6. Being recognized and rewarded for achievements in studies and training.

7. Enjoying policies and benefits related to education for persons with disabilities as prescribed in Circular No. 42 and other current regulations.

Chapter IV
IMPLEMENTATION

Article 16. People's Committees at all levels

1. Provincial People's Committee (hereinafter referred to as provincial level)

a) Implementing planning for systems of centers supporting the development of inclusive education to meet local needs for early intervention and inclusive education;

b) Strictly implementing policies on inclusive education as prescribed, issuing local policies on inclusive education;

c) Directing the implementation of programs, plans, and planning for the development of inclusive education at the local level;

d) Ensuring the budget and minimum conditions regarding infrastructure, equipment, teaching aids, and toys to meet requirements for care, early intervention, and inclusive education; training and enhancing the quality of teachers, lecturers, and support staff to meet local requirements for inclusive education quality; directing district-level People's Committees to ensure minimum conditions to meet local requirements for inclusive education;

đ) Mobilizing resources from the community, organizations, individuals both domestically and internationally to support the implementation of inclusive education at the local level;

e) Directing relevant departments to cooperate with the education sector to investigate, detect, provide early intervention, and effectively implement inclusive education at the local level;

g) Inspecting the implementation of regulations on inclusive education at the local level.

2. District-level People's Committee (hereinafter referred to as district level)

a) Directing the Department of Education and Training, People's Committee of communes, wards, towns (hereinafter referred to as commune level) to effectively implement policies on inclusive education as directed by the provincial-level People's Committee; mobilizing and organizing to create conditions for persons with disabilities to participate in inclusive education at educational institutions;

b) Directing the implementation of programs, plans, and planning for the development of inclusive education at the local level;

c) Organizing and inspecting the implementation of regulations on inclusive education at the local level.

3. Commune-level People's Committee directs relevant departments to cooperate with educational institutions in the area to investigate, detect, provide early intervention, and effectively implement inclusive education at the local level.

Article 17. Department of Education and Training

1. Shall be responsible before the Provincial People's Committee for the scale and quality of inclusive education in the locality; establish and improve the Steering Board for Education of Children with Disabilities and Children in Difficult Circumstances; annually, compile, evaluate the work of inclusive education and report to the Ministry of Education and Training.

2. Advise the Provincial People's Committee to approve the planning of the educational institution system and centers supporting the development of inclusive education to meet the needs of inclusive education in the locality.

3. Guide, disseminate, popularize and organize the implementation of regulations on inclusive education; develop plans, projects, Programs and other contents related to inclusive education in the locality.

4. Inspect, supervise support for the implementation of inclusive education at educational institutions and centers supporting the development of inclusive education within their management scope.

5. Coordinate with provincial agencies, departments and organizations in guiding the Department of Education and Training, educational institutions, and centers supporting the development of inclusive education to implement policies on inclusive education in the locality.

6. Guide the Department of Education and Training, educational institutions, and centers supporting the development of inclusive education to mobilize and effectively utilize resources from the community, organizations, and individuals both domestically and internationally to support inclusive education in the locality.

Article 18. Department of Education and Training

1. Develop an inclusive education plan for persons with disabilities in the area and advise the People's Committee of the district to approve it. Coordinate with relevant agencies, departments, and organizations to implement the inclusive education plan.

2. Inspect, supervise, and evaluate the work of inclusive education for persons with disabilities at educational institutions under its management authority.

3. Report periodically on the results of implementing inclusive education to the Department of Education and Training and the People's Committee of the district.

Article 19. Educational Institutions

1. Promote and mobilize persons with disabilities, families of persons with disabilities, local authorities, departments, and organizations, and related individuals to raise awareness about inclusive education.

2. Mobilize persons with disabilities and their families to provide complete files and information about the abilities and needs of persons with disabilities to the educational institution and the disability confirmation council at the commune level.

3. Take the lead and coordinate with persons with disabilities and their families to build and implement individual education plans for persons with disabilities.

4. Provide complete files and information about the results of care, early intervention, and education for persons with disabilities to relevant parties when they transfer grades, change educational institutions, or return home.

5. Protect personal and family information about the disability status of persons with disabilities.

Article 20. Coordination between Educational Institutions, Centers Supporting the Development of Inclusive Education, Families, and Society

1. Educational institutions shall proactively coordinate with centers supporting the development of inclusive education, families, and organizations and individuals to create a friendly, equal, safe, and conducive environment for the development and social integration of persons with disabilities.

2. Families shall coordinate with educational institutions, centers supporting the development of inclusive education, and organizations and individuals to implement inclusive education; monitor support activities, early interventions, and inclusive education.

3. Organizations and individuals shall coordinate with educational institutions, centers supporting the development of inclusive education, and families to promote and raise awareness about responsibilities in implementing inclusive education, helping persons with disabilities integrate into society.

2. Repeal the following provisions:

Circular 16/2018/TT-BGDĐT takes effect from March 16, 2018, and replaces Decision No. 23/2006/QD-BGDĐT dated May 22, 2006, issued by the Minister of Education and Training on inclusive education for persons with disabilities.

2. In cases where referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to the provisions of those documents.

3. Provincial People's Committees, Departments of Education and Training, educational institutions, centers supporting the development of inclusive education, and related units under the Ministry of Education and Training are responsible for implementing this Circular./.