Thông tư 03/2018/TT-BGDĐT quy định về giáo dục hòa nhập đối với người khuyết tật

THE MINISTRY OF EDUCATION AND TRAINING 

Circular No. 03/2018/TT-BGDDT dated January 29, 2018 of the Ministry of Education and Training on inclusive education provided for persons with disabilities

Pursuant to the Law on Education dated June 14, 2005 and the Law dated November 25, 2009 on amendments to the former law;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to Decree No.69/2017/ND-CP dated May 25, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No.75/2006/ND-CP dated August 02, 2006 of the Government on guidelines for several articles of the Law on Education; Decree No.31/2011/ND-CP dated May 11, 2011 of the Government on amendments to Decree No.75/2006/ND-CP; Decree No.07/2013/ND-CP dated January 09, 2013 of the Government on amendments to Point b Clause 13 Article 1 of Decree No.31/2011/ND-CP;

At the request of Director General of General Department of Primary Education;

The Minister of Education and Training promulgates a Circular on inclusive education provided for persons with disabilities.

Chapter I

GENREAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Circular provides for inclusive education provided for persons with disabilities, including organization and operation of inclusive education for persons with disabilities, duties and rights of teachers, lecturers and disability education supporting staff and persons with disabilities.

2. This Circular applies to pre-school education institutions, compulsory education institutions, continuing education institutions, intermediate and college-level teacher training institutions, and tertiary education institutions (hereinafter referred to as "education institutions"), inclusive education development support centers, organizations and individuals providing inclusive education for persons with disabilities (hereinafter referred to as “inclusive education”).

Article 2. Definition

For the purpose of this document, the terms below shall be construed as follows:

1.“person with disabilities”means a person who is impaired in one or more body parts or suffers from function decline manifested in the form of disability which causes difficulties in his/her work, daily life and study.

2.“inclusiveeducation for persons with disabilities”means a mode of education integrating persons with disabilities with persons without disabilities in education institutions.

3.“inclusiveclass”means a class consisting of both persons with and without disabilities in an education institution.

4.“inclusiveclassroom”means a classroom in an education institution that is used to support persons with disabilities in integrative study.

5.“special skills”mean skills necessary to overcome function decline caused by disabilities and give persons with disabilities favorable conditions in daily life, communication, study and integration into community.

6.“early intervention”means activities for detecting and preventing risks causing disabilities, minimizing impairment caused by disabilities, increasing self-competence and enhancing independence of persons with disabilities in community.

Article 3. Objectives of inclusiveeducation

1. Make sure persons with disabilities could develop their abilities, integrate into the community and get more opportunities for community contribution

2. Ensure rights to fair and decent education in consistent with characteristics and abilities of persons with disabilities

Article 4. International cooperation

1. Local authorities, education institutions and inclusive education development support centers shall call for help from international individuals and organizations to improve inclusive education quality in accordance with provisions of Vietnamese laws.

2. Local authorities, education institutions and inclusive education development support centers shall be encouraged to enhance international cooperation in inclusive education.

Chapter II

ORGANIZATION AND OPERATION OF INCLUSIVE EDUCATION FOR PERSONS WITH DISABILITIES

Article 5. Duties and rights of education institutions providing inclusiveeducation

1. Detect, call for and admit persons with disabilities to their education programs

2. Arrange and allocate classes suitable for persons with disabilities, and make sure each inclusive class has no more than 2 persons with disabilities. For special cases, the head of the education institution shall arrange and allocate more persons with disabilities in one class to satisfy education demand of persons with disabilities according to the reality.

3. Prepare and implement the plan for early intervention and inclusive education, and give vocation advice and orientation suitable for demands and abilities of persons with disabilities.

4. Create an integrative and friendly learning environment, ensure respect for persons with disabilities and that could they give a hand or cooperate and equally participate in all educational activities.

5. Cooperate with families, community, inclusive education development support centers and special education institutions in providing inclusive education.

6. Assist in performing early intervention and development of basically integrative skills for persons with disabilities.

7. Provide information on education provided for persons with disabilities enrolling in inclusive classes in education institutions for the council for determination of disability rate in communes, wards or towns (hereinafter referred to as “disability rate in communes”)

8. Develop professional abilities of educational administrators, teachers, lecturers and staff performing inclusive education task.

9. Call for inclusive education supporting staff and use funding from state budget provided for performance of inclusive education task in accordance with laws of the state.

Article 6. Inclusiveclassrooms and inclusiveeducation supporting activities in education institutions

1. Education institutions shall arrange inclusive classrooms to perform inclusive supporting activities for persons with disabilities according to conditions of education institutions and supporting demand of persons with disabilities receiving inclusive education.

2. Inclusive classrooms shall be equipped with special teaching equipment, materials and instruments for determination of self-actualization of persons with disabilities for the purpose of organizing activities for development of abilities of those persons with disabilities.

3. Inclusive education supporting activities include:

a) Assistance in improving knowledge and special skills necessary for inclusive education of persons with disabilities

b) Advice on inclusive education methods and skills given to teachers and disability education supporting staff and families of persons with disabilities

c) Advice about inclusive education service and vocational orientation given to persons with disabilities

4. Education institutions shall cooperate with inclusive education development support centers, organizations and individuals in performing supporting activities for persons with disabilities in inclusive classrooms in an efficient manner.

Article 7. Role and responsibilities of inclusiveeducation development support centers for cooperation with education institutions in providing inclusiveeducation

1. Assist in detecting disability, preparing plans and providing inclusive education

2. Provide professional assistance in care and inclusive education for educational administrators, teachers and staff of education institutions

3. Give assistance and advice about care and education provided for persons with disabilities to their family.

Article 8. Admitting and enrolling persons with disabilities in integrative courses

1. Persons with disabilities are entitled to the policies as prescribed in Joint Circular No.42/2013/TTLT-BGDDT-BLDTBXH-BTC dated December 31, 2013 of the Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs and Ministry of Finance on education policy applied to persons with disabilities (Circular No.42) and regulations on enrollment for all current educational stages and training levels.

2. Profiles of persons with disabilities enrolling in integrative programs shall be prepared in conformity with regulations applied to each educational stage and training level, disability certificate and personal education plan.

Article 9. Personal education plans

1. Each person with disabilities shall have his/her own personal education plan.

2. Teachers and lecturers shall cooperate with disability education supporting staff and families of persons with disabilities in preparing personal education plans according to abilities and demands of persons with disabilities. Educational programs and training plans shall also be made in consistent with real conditions of the education institution.

3. Personal education plans include information on abilities, demands, personal characteristics, yearly objectives and semester-based objectives, duration, content, methods and performers, students evaluation results and post-evaluation adjustments.

Article 10. Facilities, teaching equipment, means, materials and toys of education institutions for providing inclusiveeducation

1. Education institutions shall satisfy minimum conditions for facilities, teaching equipment, means, materials and toys meeting inclusive education requirements for persons with disabilities.

2. Education institutions are encouraged to cooperate with other organizations or individuals in designing and producing teaching equipment, materials and toys for persons with disabilities.

Chapter III

DUTIES AND RIGHTS OF TEACHERS, LECTURERS, DISABILITY EDUCATION SUPPORTING STAFF AND PERSONS WITH DISABILITIES

Article 11. Duties of teachers and lecturers

In addition to legally accepted duties of teachers, teachers and lecturers involved in inclusive education shall be required to:

1. respect and enforce rights of persons with disabilities

2. keep information on the disability of the persons with disabilities and their family as confidential

3. cooperate with disability education supporting staff and families of persons with disabilities in preparing personal education plans for persons with disabilities receiving inclusive education, organize educational activities and evaluate the educational outcomes according to personal education plans of persons with disabilities

4. discover and suggest solutions to problems arising in the course of inclusive education provision

5. give persons with disabilities and their family advice about supporting service, early intervention, inclusive education and orientation of vocation suitable to abilities and demands of persons with disabilities

6. cooperate with colleagues, families, relevant organizations and individuals in creating a friendly and inclusive education environment for persons with disabilities

7. regular make self-improvement, change the teaching method and learn from others to increase the inclusive education efficiency

Article 12. Rights of teachers and lecturers

In addition to legally accepted rights of teachers, teachers and lecturers involved in inclusive education shall be entitled to::

1. enroll on training courses for upgrading professional knowledge and sharpening skills for inclusive education

2. go on an outing and learn from experience of inclusive education

3. receive rewards if recording outstanding achievement in inclusive education

4. be subject to incentive policies on inclusive education in accordance with provisions of laws of the state in force.

Article 13. Duties of disability education supporting staff

Disability education supporting staff shall perform their duties as prescribed in Joint Circular No.19/2016/TTLT-BGDDT-BNV dated June 22, 2016 of the Ministry of Education and Training and Ministry of Home Affairs on code and standards for job titles of disability education supporting staff in state education institutions.

Article 14. Duties of persons with disabilities

In addition to legally accepted duties of persons with disabilities, persons with disabilities receiving inclusive education shall be required to::

1. adhere to their personal education plans

2. provide information on health condition and learning ability as well as request for help from families and education institutions where necessary.

3. respect officials, teachers and staff working in education institutions, show solidarity and help one another in learning and training, comply with the school regulations and maintain and protect common properties

Article 15. Rights of persons with disabilities

In addition to legally accepted rights of students, persons with disabilities receiving inclusive education shall be entitled to:

1. enroll in educational programs at an older age than the required age as regulated.

2. study in education institutions suitable for their knowledge and abilities, be cared, respected, protected and treated equally in learning and educational activities to develop their abilities, and provided with information, textbooks, learning materials and scholarship as regulated;

3. receive education, training and support in personal training course in special knowledge and skills for efficient integrative study.

4. receive advice about supporting service, early intervention, inclusive education and orientation of vocation suitable for their abilities and demands;

5. have their disability information kept as confidential.

6. be commended and rewarded if achieving outstanding learning and training outcomes;

7. be subject to education policies intended for persons with disabilities as prescribed in Circular No.42 and other current regulations.

Chapter IV

IMPLEMENTATIONORGANIZATION

Article 16. The People s Committees of various levels

1. People s Committees of provinces and centrally-affiliated cities (hereinafter referred to as "provincial People s Committees") shall:

a) implement the planning on system of inclusive education development support centers meeting provincial requirements for early intervention and inclusive education;

b) strictly follow the inclusive education policy as regulated and promulgate provincial policies on inclusive education;

c) provide guidelines for implementation of provincial inclusive education programs, plans and planning;

d) ensure local government budget for inclusive education and satisfy minimum conditions for facilities, teaching equipment, materials and toys meeting requirements for care, early intervention and inclusive education, law against wrongful seizure of final trust, offer training courses for teachers, lecturers and staff in pursuit of satisfying provincial inclusive education quality requirements and direct People s Committees of districts and provincial cities to fulfill minimum conditions for provincial inclusive education;

dd) call for resources from community, domestic and foreign organizations and individuals for support in provision of local inclusive education;

e) direct relevant departments to cooperate with education departments in carrying out investigation and early intervention and provide provincial inclusive education in an efficient manner;

g) inspect the compliance with provincial inclusive education regulations

2. People s Committees of districts and provincial cities (hereinafter referred to as "People s Committees of districts") shall:

a) direct the Education and Training division, People s Committees of communes, wards and towns (hereinafter referred to as "People s Committees of communes") to efficiently adopt the inclusive education policy under the guidance of provincial People s Committees, encourage and enable persons with disabilities to enroll in inclusive class in education institutions;

b) provide guidelines for implementation of inclusive education development programs, plans and planning in districts;

c) organize the compliance with inclusive education regulations in districts and inspect such compliance.

3. People’s Committees of communes shall direct relevant departments to cooperate with education institutions in communes in carrying out investigation, detection and early intervention, and efficiently provide inclusive education in communes.

Article 17. The Education and Training Department

1. Take responsibility to provincial People’s Committees for local inclusive education scale and quality, establish and reinforce the Steering Committee for education of disabled and disadvantaged children, and send annual consolidated reports on inclusive education evaluation to the Ministry of Education and Training.

2. Give provincial People’s Committees advice on approval for the planning on systems of education institutions and inclusive education development support centers for the purpose of meeting local inclusive education requirements

3. Provide guidelines, disseminate and organize the compliance with inclusive education regulations, prepare plans, projects, programs and other contents for local inclusive education

4. Carry out inspection and supervision of inclusive education provided by education institutions and inclusive education development support centers under management

5. Cooperate with provincial agencies and departments in instructing the education and training division, education institutions and inclusive education development support centers to adopt local inclusive education policies

6. Instruct the education and training division, education institutions and inclusive education development support centers to call for and efficiently use resources from community, domestic and foreign organizations and individuals for support in local inclusive education

Article 18. The Education and Training Division

1. Prepare inclusive education plans for persons with disabilities in the area and give advice to People s Committees of districts for ratification of those plans. Cooperate with relevant agencies, departments and organizations in implementing inclusive education plans

2. Carry out inspection, supervision and evaluation of inclusive education for persons with disabilities provided by education institutions under management

3. Send periodic reports on inclusive education results to the Education and Training Department and People s Committees of districts

Article 19. Education institutions

1. Disseminate and encourage persons with disabilities, their family, local governments, department and unions, and relevant organizations and individuals to raise awareness of inclusive education

2. Encourage persons with disabilities and their family to provide all documents and information on abilities and demands of those persons with disabilities for education institutions for determination the disability rate in communes.

3. Preside over and cooperate with persons with disabilities and their family in preparing and implementing personal education plans made for persons with disabilities

4. Provide all information, documents and results concerning the care, early intervention and disability education for relevant parties where the person with disabilities moves to another educational stage, another education institution or returns home

5. Keep information on the disability of the persons with disabilities and their family as confidential

Article 20. Cooperation among education institutions, inclusiveeducation development support centers, families and community

1. Education institutions shall, on their own initiative, cooperate with inclusive education development support centers, families, organizations and individuals in creating a friendly, equal and safe environment for inclusive education to facilitate development and integration into community of persons with disabilities.

2. Families shall cooperate with education institutions, inclusive education development support centers, organizations and individuals in providing inclusive education and keep a watch on supporting activities, early intervention and inclusive education.

3. Organizations and individuals shall cooperate with education institutions, inclusive education development support centers and families in disseminating and raising awareness of responsibilities for providing of inclusive education and helping persons with disabilities integrate into the community.

Article 21. Effect and implementation responsibilities

1. This Circular comes into force from March 16, 2018 and will replace Decision No.23/2006/QD-BGDDT dated May 22, 2006 of the Minister of Education and Training on inclusive education for persons with disabilities.

2. Should any reference document provided herein be amended or replaced, the amended or replace one will prevail.

3. People s Committees of province and centrally-affiliated cities, Education and Training Departments, education institutions, integrative development support centers and relevant entities affiliated to the Ministry of Education and Training shall take responsibility to implement this Circular./.

For the Minister

The Deputy Minister

Nguyen Thi Nghia