Decision No. 23/2006/QĐ-BGDĐT promulgates regulations on inclusive education for persons with disabilities.

DECISION OF THE MINISTER OF EDUCATION AND TRAINING

Issuing Regulations on Inclusive Education for Persons with Disabilities

残疾, 缺陷

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Education Law dated June 14, 2005;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 85/2003/ND-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 55/1999/ND-CP dated July 10, 1999 of the Government detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities;

Pursuant to the proposal of the Director of the Primary Education Department,

DECISION:

Article 1. The attached Decision issues Regulations on Inclusive Education for Persons with Disabilities.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Office, Directors of Departments: Planning and Finance, Organization and Cadres, Early Childhood Education, Primary Education, Secondary Education, Higher Education and Postgraduate Studies, Continuing Education, Vocational Education, Heads of units under the Ministry of Education and Training related to this matter, Chairmen of People's Committees of provinces and centrally governed cities, Directors of Departments of Education and Training, and Heads of educational institutions shall be responsible for implementing this Decision.

REGULATIONS

On Inclusive Education for Persons with Disabilities

(Issued pursuant to Decision No. 23/2006/QĐ-BGDĐT

dated May 22, 2006 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This document stipulates regulations on inclusive education for persons with disabilities (hereinafter referred to as persons with disabilities), including: organization and activities of inclusive education for persons with disabilities; teachers, lecturers, staff; persons with disabilities in inclusive education; infrastructure, equipment, and teaching aids for inclusive education for persons with disabilities.

These regulations apply to educational institutions within the national education system.

Article 2. Persons with Disabilities

Persons with disabilities, regardless of the cause of disability, are those who have deficiencies in one or more body parts or reduced functions manifesting various types of disabilities, which reduce their ability to function, making daily living, studying, and working difficult.

Article 3. Objectives of Inclusive Education for Persons with Disabilities

1. To help persons with disabilities enjoy equal rights to education as other learners.

2. To create conditions and opportunities for persons with disabilities to study culture, learn trades, recover functions, and develop their own abilities to integrate into society.

Article 4. Financial Sources

1. Financial sources for inclusive education for persons with disabilities include:

a) State budget;

b) Donations, aid, and gifts from domestic and international organizations and individuals;

c) Other legitimate sources of income.

2. Encouraging organizations and individuals to contribute efforts, finances, and materials to inclusive education for persons with disabilities.

Article 5. International Cooperation

1. Localities and educational institutions should mobilize assistance from foreign organizations and individuals to enhance the effectiveness of inclusive education for persons with disabilities based on compliance with Vietnamese laws.

2. Encouraging educational institutions to expand international cooperation in early intervention, functional recovery, care, and education for persons with disabilities as prescribed by the Ministry of Education and Training.

Chapter II

ORGANIZATION AND ACTIVITIES

OF INCLUSIVE EDUCATION FOR PERSONS WITH DISABILITIES

Article 6. Tasks and Authorities of Educational Institutions for Inclusive Education for Persons with Disabilities

1. Tasks of educational institutions for inclusive education for persons with disabilities:

a) Mobilizing and admitting persons with disabilities to study;

b) Building material infrastructure, creating opportunities and conditions for persons with disabilities to participate in integration activities with the community;

c) Developing activity plans, teaching staff, lecturers, support personnel for persons with disabilities at class or grade level;

d) Closely coordinating with families, social organizations, and community forces to care for and educate persons with disabilities;

e) Creating conditions for teachers, lecturers, and support staff to enhance their professional knowledge on educating persons with disabilities;

f) Educational training institutions shall recruit persons with disabilities of the same type of disability to train as specialized teachers for inclusive education.

2. Authorities of educational institutions for inclusive education for persons with disabilities:

a) Using financial resources for educational activities for persons with disabilities as prescribed;

b) Investing in equipment and material infrastructure to meet the special needs of education for persons with disabilities;

c) Accepting and utilizing support funds from individuals and organizations both domestically and internationally as stipulated by current regulations;

d) Kindergartens and primary and secondary schools with more than twenty persons with disabilities enrolled in inclusive education shall be appointed an additional Deputy Principal responsible for inclusive education work.

Article 7. Inclusive Classes for Persons with Disabilities

1. Educational institutions shall arrange inclusive classes suitable for persons with disabilities based on specific conditions, and activities within the class must pay attention to the abilities and needs of persons with disabilities.

2. Each inclusive class for persons with disabilities in kindergarten and primary and secondary education may have up to three persons with disabilities of the same type of disability. In exceptional cases, the School Principal may admit additional persons with disabilities in a class based on the actual conditions of the locality.

3. Depending on local conditions, educational institutions may enter into labor contracts with persons with disabilities or those passionate and knowledgeable about this field to assist teachers in caring for and educating persons with disabilities. The payment for contracted labor shall not be lower than the minimum wage as prescribed.

Article 8. Specialized Teams for Inclusive Education for Persons with Disabilities

1. Each inclusive educational institution shall establish a specialized team for inclusive education for persons with disabilities. The specialized team includes professional staff, technicians, lecturers, and teachers specializing in inclusive education for persons with disabilities.

2. Tasks of the specialized team:

a) Developing, unifying, and implementing inclusive education plans for persons with disabilities at each unit under the direction of the Ministry;

b) Participating in building, monitoring, and evaluating the implementation of individual education plans for persons with disabilities and teachers, lecturers;

c) Regularly conducting professional activities, organizing educational topics for persons with disabilities;

d) Coordinating with other organizations and educational institutions in inclusive education for persons with disabilities.

Article 9. Schools for persons with disabilities and Centers for supporting inclusive education development for persons with disabilities

1. All educational institutions must be responsible for receiving persons with disabilities within their jurisdiction, performing functions and tasks as prescribed, and supporting the development of inclusive education including:

a) Arranging persons with disabilities into appropriate classes and educating students to love and assist persons with disabilities;

b) Advising and supporting educational facilities, families, and communities on caring for and educating persons with disabilities;

c) Identifying the abilities and needs of persons with disabilities, planning, mobilizing resources, and creating conditions for persons with disabilities to participate in inclusive learning;

d) Implementing activities to support early intervention, education, rehabilitation, basic skill development, vocational guidance, and training for persons with disabilities; organizing care activities and providing basic skills necessary for persons with disabilities before they enter inclusive classes;

e) Organizing professional training, knowledge, and skill development for educational facilities and families on caring for and educating persons with disabilities;

f) Mobilizing community resources, organizations, and individuals both domestically and internationally for early intervention and care and education for persons with disabilities.

2. Centers for supporting inclusive education development for persons with disabilities

In cases where the People's Committee of the province permits the establishment of Centers for supporting inclusive education development from specialized schools, in addition to the responsibilities of an educational institution, the Center shall also have the following responsibilities:

a) Advising educational facilities with persons with disabilities participating in inclusive learning on teaching methods and technical support;

b) Gathering and mobilizing experts in special education to support educational facilities; training teachers; organizing exchanges of experience on teaching methods and care for persons with disabilities;

c) Advising the Department of Education and Training on educating persons with disabilities;

d) Encouraging localities to develop models of Centers for supporting inclusive education development for persons with disabilities to effectively support inclusive education for persons with disabilities.

Article 10. Receiving persons with disabilities for inclusive learning

1. Persons with disabilities are accepted into educational facilities of the national education system. At the preschool and general education levels, when there is one student with disabilities participating in inclusive learning, the class size is reduced by five students based on the average number of students in the school, but not exceeding twenty-four students per class.

2. Educational facilities cooperate with health authorities, families of persons with disabilities, and the community to determine the abilities and needs of persons with disabilities to mobilize and maintain their attendance in school and participation in early intervention programs.

Article 11. Early intervention for persons with disabilities

1. Early intervention aims to detect, prevent, and mitigate risks leading to disabilities; minimize limitations caused by disabilities; enhance developmental capabilities and strengthen independent living skills of persons with disabilities in society.

2. The subjects eligible for early intervention include all persons with disabilities or those at risk of developing disabilities.

3. Participants in implementing early intervention include professionals with expertise in caring for and educating persons with disabilities; healthcare staff, rehabilitation specialists; psychological counselors; community workers, family members, and volunteer individuals.

4. Responsibilities of inclusive educational facilities for persons with disabilities in early intervention work include:

a) Cooperating with healthcare facilities and related organizations in early detection, statistics, identification of abilities, and needs of persons with disabilities;

b) Collaborating with families, healthcare staff, and related units to develop individual education plans; advising on care and education skills; designing and organizing suitable play and educational activities for persons with disabilities.

Article 12. Development of Personal Education Plans for Persons with Disabilities

1. Each person with disabilities shall have a personal education file established, which includes information on: abilities, needs; individual characteristics; annual and semester goals; implementation time; content and methods of implementation; implementers; evaluation results and adjustments made after evaluation for learners.

2. Personal education plans for persons with disabilities shall be developed based on the general education program, teaching plan, and the needs and abilities of persons with disabilities as guided by the Ministry.

Article 13. Inclusive Educational Environment for Persons with Disabilities

1. Educational institutions shall, according to their conditions, build a friendly educational environment for persons with disabilities; cooperate with social organizations to create cultural and sports environments suitable for persons with disabilities to participate in educational activities like others.

2. Social organizations shall create conditions for persons with disabilities to participate in extracurricular activities.

Article 14. Evaluation of Inclusive Education Results for Persons with Disabilities

1. The requirement for evaluating inclusive education results for persons with disabilities is based on the adjusted learning content and form; the implementation results of the personal education plan, focusing on progress in developing social skills, life skills, and integration capabilities according to specific subjects.

2. The evaluation of inclusive education results for persons with disabilities must be based on activities, learning outcomes, assignments, and teacher or lecturer observations assigned to teach or supervise persons with disabilities.

3. The evaluation of inclusive education results for persons with disabilities shall be conducted according to the principle of encouragement, motivation, and recognition of learner progress.

Article 15. Educational Records for Persons with Disabilities

1. Educational records for persons with disabilities include: health monitoring books, personal study plans, assignments, test papers, school transcripts, birth certificates, completion certificates, graduation diplomas, training certificates, vocational certificates, and other relevant documents.

2. Educational institutions are responsible for recording, supplementing, and preserving all truthful information about the development process of persons with disabilities during their study period at the institution.

3. When persons with disabilities change classes, schools, levels, or educational forms, previous institutions are responsible for transferring records to new schools, classes, or educational institutions.

4. Personal information about persons with disabilities may only be provided to those responsible.

Chapter III

TEACHERS, LECTURERS, STAFF

IN INCLUSIVE EDUCATION FOR PERSONS WITH DISABILITIES

Article 16. Responsibilities of Teachers, Lecturers, and Staff in Inclusive Education for Persons with Disabilities

1. Teachers, lecturers, and staff in inclusive education for persons with disabilities must respect and implement the rights of persons with disabilities; possess good moral qualities, love persons with disabilities; have professional and vocational capabilities in inclusive education for persons with disabilities.

2. Strictly and fully implement the teaching program and plan according to requirements and regulations of the educational institution.

3. Proactively coordinate with specialized teams in establishing personal education plans; organize educational activities and evaluate educational results according to the personal education plan of persons with disabilities.

4. Regularly self-improve, innovate teaching methods, learn from experiences to enhance the effectiveness of inclusive education for persons with disabilities.

5. Advise schools and families of persons with disabilities on supporting, intervening, building, and implementing inclusive education activity plans for persons with disabilities.

Article 17. Rights of teachers teaching inclusive education for persons with disabilities

1. To be trained and professionally developed in inclusive education for persons with disabilities.

2. To have their standard teaching hours reduced or receive teaching allowances according to local conditions and regulations of each educational institution.

3. Teachers and lecturers who achieve outstanding results in inclusive education for persons with disabilities shall be rewarded in accordance with regulations.

Chapter IV

PERSONS WITH DISABILITIES IN INCLUSIVE EDUCATION

Article 18. Responsibilities of persons with disabilities studying in inclusive education

1. To take care of physical training, functional recovery, health protection; to fulfill study and training tasks according to the program and plan of the educational institution; to participate in activities inside and outside the school suitable to their abilities.

2. To respect staff, teachers, and employees in the educational institution; to unite and help each other in study and training; to comply with school rules; to maintain and protect common property.

3. To report on their health status and learning ability to the class supervisor or propose special support needs.

Article 19. Rights of persons with disabilities studying in inclusive education

1. The age of persons with disabilities attending school may be higher than that of other students as stipulated by the Ministry of Education and Training and they shall be cared for and supported to be able to integrate into inclusive education.

2. To study at educational institutions appropriate to their level and capacity; to be respected and protected, treated equally in study, cultural, and sports activities to develop personal capabilities; to be exempted from or have tuition fees and other contributions reduced; to be provided with information; to be supplied with textbooks, learning materials, and scholarships as prescribed.

3. To be exempted from certain subjects they cannot meet due to disabilities, depending on specific cases, the Principal of the school and the Director of the Department of Education and Training shall decide on the exemption of certain subjects for persons with disabilities to strengthen learning in subjects they can perform well and to be considered for promotion or transfer to a higher grade based on the subjects studied.

4. Persons with disabilities requiring special support shall be arranged for individual teaching sessions outside the common activities in inclusive classes for persons with disabilities.

5. To enjoy preferential policies when applying for admission to vocational colleges, colleges, and universities and to be provided with suitable learning conditions based on their best capabilities.

6. To be accommodated in dormitories and to enjoy preferential treatment during the learning process and state benefits. After graduation and completion of training programs, persons with disabilities shall be introduced to work at agencies, production and business establishments suitable to their health and field of training.

7. Persons with disabilities achieving excellent results in study and training shall be recognized and rewarded.

Chapter V

PHYSICAL INFRASTRUCTURE, EQUIPMENT AND TEACHING AIDS

FOR INCLUSIVE EDUCATION FOR PERSONS WITH DISABILITIES

Article 20. Physical infrastructure, equipment, and teaching aids

1. Physical infrastructure, schools, and classrooms must be designed and constructed safely, hygienically, ensuring easy access for persons with disabilities to study and live.

2. Special equipment for inclusive education for persons with disabilities shall be available.

3. Encouragement is given to collectives and individuals to make toys, exercise tools, and educational equipment for persons with disabilities.

Article 21. School libraries and textbooks

1. There shall be books and materials suitable for the learning needs of persons with disabilities.

2. There shall be textbooks and teaching materials appropriate to the special learning requirements of persons with disabilities.

3. Encourage educational institutions and individuals to compile reference books specifically for persons with disabilities.

Article 22. Rooms for inclusive education support for persons with disabilities

1. Educational institutions providing inclusive education for persons with disabilities shall have rooms for inclusive education support; they shall have necessary equipment to restore and develop specific skills for persons with disabilities.

2. There shall be technicians managing and operating equipment in rooms for inclusive education support for persons with disabilities.

Chapter VI

IMPLEMENTATION

Article 23. Steering Committee for Education of Persons with Disabilities under the Ministry of Education and Training

The Steering Committee for Education of Persons with Disabilities under the Ministry of Education and Training shall be responsible for advising the Minister on education for persons with disabilities, including:

1. Setting strategic directions and directing activities for education of persons with disabilities; developing plans for training and developing human resources for education of persons with disabilities.

2. Issuing directives on inclusive education; training programs and teacher development; regulations on compiling books and materials, producing teaching aids and facilities serving inclusive education for persons with disabilities.

3. Establishing a system for annual information and data storage on inclusive education for persons with disabilities from central to local levels.

4. Coordinating with agencies to guide policies, allocate budgets, and attract support from organizations and individuals both domestically and internationally for inclusive education for persons with disabilities.

5. Organizing inter-sectoral activities, inspecting, and evaluating the implementation of inclusive education for persons with disabilities at local levels.

Article 24. People's Committees at all levels

1. Provincial People's Committees (hereinafter referred to as provincial level) shall establish a Steering Committee for Inclusive Education for Persons with Disabilities at the provincial level; ensuring budget, teacher staffing, facilities, and equipment for inclusive education for persons with disabilities.

2. District People's Committees (hereinafter referred to as district level) shall establish a Steering Committee for Inclusive Education for Persons with Disabilities at the district level; Directing the People's Committees at the commune level (hereinafter referred to as commune level) to mobilize and organize persons with disabilities to attend school.

3. People's Committees at all levels are responsible for:

a) Approving plans and master plans for inclusive education for persons with disabilities and incorporating them into the overall plans and master plans of the locality;

b) Paying attention to directing and resolving policies for teachers directly teaching inclusive education for persons with disabilities;

c) Directing relevant departments to cooperate with the education sector to investigate, detect, intervene early, and provide inclusive education for persons with disabilities in the locality;

d) Promoting and prioritizing resources for organizations engaged in caring for and educating persons with disabilities.

Article 25. Departments of Education and Training

1. Developing and planning networks of schools and classes for inclusive education for persons with disabilities; developing human resources; implementing plans for inclusive education for persons with disabilities.

2. Establishing a Steering Committee, assigning a department leader to oversee and a staff member to be primarily responsible for disability education work; assisting the Department Director in inspecting, supervising, evaluating, and supporting inclusive education for persons with disabilities for education and training departments and educational institutions under their management.

3. Preparing financial plans, attracting resources for inclusive education for persons with disabilities at the local level.

4. Reporting on the situation of inclusive education for persons with disabilities to the Ministry of Education and Training and the Provincial People's Committee..

Article 26. Department of Education and Training

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

2. Establish a core team of staff for inclusive education, manage and direct specialized activities related to inclusive education for persons with disabilities.

3. Assign a leader from the Department of Education and a specialist to monitor, inspect, supervise, and evaluate the implementation of inclusive education for persons with disabilities at educational facilities under its management.

4. Regularly report on the implementation of the inclusive education plan for persons with disabilities as required by the Department of Education and Training and the District People's Committee.

Article 27. Coordination between schools, families, and society

1. Protecting, caring for, and educating persons with disabilities is the responsibility of schools, families, and the whole of society. The State encourages and creates conditions for domestic and foreign agencies, organizations, and individuals to participate in inclusive education.

2. Schools actively coordinate with families and communities to design activities and develop individual plans for each person with disabilities. Create an inclusive, safe, quality, and effective educational environment for persons with disabilities. Educate students to love and assist persons with disabilities.

3. Families cooperate with schools to provide care and education for persons with disabilities according to their individual education plans; participate in extracurricular activities to help persons with disabilities integrate into the community.

4. Social organizations promote awareness of the responsibility to care for and educate persons with disabilities; create a friendly educational environment; support care and education activities for persons with disabilities. Community support groups collaborate with educational institutions in implementing care and education plans for persons with disabilities.

Article 28. Awards and Disciplinary Actions

1. Groups and individuals who achieve success in educating persons with disabilities shall be awarded according to regulations.

2. Units and individuals who obstruct inclusive education for persons with disabilities, causing harm to their dignity, reputation, and rights will be dealt with according to the provisions of the law./.