残疾人教育法的国际比较研究——兼论《残疾人教育条例》

An International Comparison of Education Laws for Persons with Disabilities——Focusing on the Regulations on Education for Individuals with Disabilities

残疾人教育问题越来越受到社会的关注。如何更好地保障残疾人基本的受教育权,我国新修订实施的《残疾人教育条例》能否满足其需求?本文以《残疾人教育条例》为核心,将之与美国、英国和日本的特殊教育法律进行了比较。通过研究发现,在教育理念上,各国法律都遵循着融合教育的思想,追求公平和正义,并从全纳到高质量进行转变;在对残疾人和特殊教育的认识上,都以特殊需要为核心要点,在具体实践层面各国和地区则有所不同。英国从分类走向了不分类;美国的残疾类型则越来越多,与之伴随的是干预措施越来越精细;日本则对极重度儿童实施免去就学义务。这些经验对我国未来制订特殊教育法有重要借鉴意义。中国将以贯彻落实《残疾人教育条例》为核心,积极推动制订《残疾人教育法》,逐步构建未来的特殊教育法体系。

Education for persons with disabilities is attracting increasing social attention. How can disabled persons＇ basic right to education be better protected？ Can the newly-revised Regulations on Education for Individuals with Disabilities meet their needs？ This article, by comparing the Regulations with special education laws from the US, Britain, and Japan, shows the research results as follows： They all follow the concept of inclusive education, pursue equity and justice, and transform from integrated education to high-quality inclusive education; they all focus on the special needs for disabled persons and special education, but have different ways of practice. For example, British has changed from the classification of disabled persons to non-classification; the US has significantly increasing types of disabilities and increasingly detailed interventions; and Japan exempts children with extremely severe disabilities from school attendance. These experiences offer implications for the future special education legislation of China, which will focus on the implementation of the Regulations, and gradually establish the framework of the future special education law by pushing forward the formulation of the Law on Education for Individuals with Disabilities.