PPP lawmaker introduces bill to guarantee education rights in special-needs classrooms

People Power Party lawmaker Kim Jae-seop has introduced legislation to prevent schools from blocking students with disabilities from enrolling on the grounds that no special-needs classroom exists at the school.

Kim said Tuesday he had filed a partial amendment to the Special Education Act for Persons with Disabilities to address the issue.

Under current law, schools may not refuse admission to students eligible for special education on the basis of disability, and schools must establish special-needs classrooms in both special schools and mainstream schools according to grade-level standards. In practice, however, schools have repeatedly turned away eligible students — refusing enrollment or transfers — citing the absence of a dedicated special-needs classroom.

Critics have also noted a lack of effective enforcement mechanisms. Although schools are legally obligated to set up special-needs classrooms, some have delayed or in effect avoided doing so, resulting in violations of students' right to education.

The proposed amendment explicitly classifies the denial of admission to special-education students — on the grounds that no special-needs classroom exists — as an act of discrimination. It also introduces penalties for schools that restrict enrollment by failing to establish or delaying the establishment of such classrooms despite demonstrated need.

The bill further requires school principals to set up a special-needs classroom without delay — or put in place equivalent educational support measures — whenever a student eligible for special education enrolls in or is assigned to a school that lacks one.

"A child being unable to enter a school because it has no special-needs classroom is not an education problem — it is a rights problem," Kim said. "Disability must never be grounds for refusing admission."

"Inclusive education cannot be achieved by declaration alone," he added. "We must put in place an effective system that holds schools accountable under the law."

Kim said the right to education for students with disabilities "is not a right that can be selectively guaranteed — it is a fundamental right the state must ensure without exception," and pledged to keep strengthening the institutional framework so that all children, regardless of disability, can learn and grow together within their communities.