保障所有残疾儿童的义务教育权利——《残疾人教育条例》解读

Guarantee the Right to Compulsory Education for All Children with Disabilities——An Interpretation of the Regulations on Education for Individuals with Disabilities

修订后的《残疾人教育条例》提出要"保障义务教育",要"禁止任何基于残疾的教育歧视",对各级政府、社会及家庭对残疾儿童义务教育的各自职责提出了要求,凸显了残疾儿童义务教育属性。《条例》总则中"优先采取普通教育方式"的规定表明,残疾人不仅享有平等的受教育权利,而且享有与普通人一样在普通机构接受教育的权利,明确了融合教育是未来特殊教育发展趋势。为保障《条例》义务教育相关内容有效落实,建议需要对残疾儿童筛查鉴定、入学程序安排、随班就读行政管理归属及残疾人教育专家委员会职能等问题开展研究,并适时出台《残疾人教育条例》(义务教育阶段)实施细则。

In accordance with the revised Regulations on Education for Individuals with Disabilities, compulsory education for disabled children must be guaranteed, any disability-based discrimination against education must be prohibited, and governments at all levels, society, and families must bear respective responsibilities for the compulsory education for children with disabilities. All these highlight the characteristics of the compulsory education for children with disabilities. The ＂priority to general education＂ enacted in the general provisions of the Regulations indicates that those with disabilities enjoy not only the equal right to education but also the right to education in ordinary schools just like ordinary children, and clarifies that inclusive education serves as the future trend of special education. To ensure the effective implementation of the relevant stipulations on compulsory education enacted in the Regulations, the author suggests conducting research into the identification of children with disabilities, the procedures for their admission, the administration of disabled children＇s learning in regular classes, and the functions of the steering committee for the education of persons with disabilities, and timely formulating the detailed rules for the implementation of the Regulations.