Notice On A Public School Special Education And Other Special Educational Assistance

Original Language Title: Bekendtgørelse om folkeskolens specialundervisning og anden specialpædagogisk bistand

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132834

Overview (table of contents)



Chapter 1



Notice the scope, etc.





Chapter 2



The procedure for implementation and termination of special educational assistance





Chapter 3



Scheme of the special pedagogical assistance





Chapter 4



Special arrangements for individual students





Chapter 5



Other rules





Chapter 6



The Municipality Of Copenhagen





Chapter 7



The national knowledge and special advisory organization (VISO)





Chapter 8



Complaint, etc.





Chapter 9



Submission of the complaint to the Board of appeal for extensive special education





Chapter 10



Date of entry into force of



The full text of the Ordinance on public school's special education and other special educational assistance

Pursuant to § 3, paragraph 2, section 19, paragraph 1, in section 21, paragraph 5, section 22, paragraph 6, section 30 (a) and (b) of section 51, paragraph 3, of the Act on the Folkeskole, see. lovbekendtgørelse nr. 593 of 24. June 2009, as amended by Act No. 486 of 11. May 2010, fixed: Chapter 1 scope of the Executive order, etc.

§ 1. Special education and other special educational assistance (special educational assistance) is given to students whose development requires a special attention or support, which not only can be supported by the use of the teaching differentiation and team formation within the framework of the ordinary teaching.

(2). The purpose of special educational assistance is to promote the development of students with special needs in accordance with the requirements set out in the Education Act, pupils at the school, including the workflow termination has prerequisites for continuing education, gainful employment or other employment.

§ 2. Special educational assistance to pupils in primary schools and 10. class includes: 1) Special educational counselling for parents, teachers or others whose efforts have significant implications for the pupil's development.

2) special educational materials and technical AIDS, which are necessary in connection with the teaching of the pupil.

3) teaching in public school subjects and disciplines are organised, taking into account in particular the pupil's learning conditions. For pupils in kindergarten include special educational assistance, education and training, which are organised according to the pupil's special needs.

4) education and training in behaviors and working methods, aiming to alleviate or reduce the effects of mental, physical or sensory, linguistic problems with the system.

5) personal assistance that can help the learner to overcome practical difficulties in the context of schooling.

6) specially planned activities, which may be given in connection to the pupil's special needs.

Chapter 2 methods of implementation and termination of special educational assistance § 3. If it is assumed that a student has special educational needs which cannot be met within the framework of the ordinary teaching, or if the pupil's school situation, moreover, gives rise to serious concern, set the pupil to a pedagogical-psychological assessment, see. However, § 4. Option given by: 1) the class teacher, possibly at the instigation of the pupil's other teachers or other school employees with ties to the pupil. For pupils in kindergarten may be given if the setting of the pre-school leader.

2) the municipal health service, if this has knowledge of the psychological, physical, linguistic or sensory function difficulties at learner, which gives grounds to believe that the student is in need of special educational assistance.

(2). The option is issued through the school's leader. The school's leader can also even make recommendations about an educational-psychological assessment.

(3). The parents or student may request an educational-psychological assessment.

(4). Setting of a pedagogical-psychological assessment, see. paragraphs 1 and 2, it shall be made after consultation with the parents and the pupil. Parents are opposed to it, a pedagogical-psychological assessment, can only be given option to that effect, if the school's leader considers it absolutely necessary to an assessment made by the pupil's need for special educational assistance.

(5). The pedagogical-psychological assessment shall be forwarded in writing to the school's leadership. At the same time forward a copy of the assessment is sent to the parents. Have the student needs for special educational assistance, assessment must contain a proposal for the detailed arrangement of the special pedagogical assistance. Otherwise, the statement is accompanied by a guide for teachers or others who have submitted setting with indication of the measures deemed appropriate to improve the learner's situation.

(6). The pedagogical-psychological assessment shall, after consultation with the parents is complemented with the opinions of other experts as appropriate, including experts from other municipalities. In the most specialized and complicated cases can be obtained the assistance of the national knowledge and special advisory organization (VISO), see. Chapter 7. By consideration of special educational assistance at the Regional Council's measure, see. primary school section 20 (3) 1. point, involved the Regional Council after consultation with the parents.

(7). The pedagogical-psychological assessment in accordance with paragraph 5 be made after consultation with the parents and the pupil. Can not reach an agreement with the parents, the pedagogical-psychological assessment to account for this, as well as to whether the proposed special education aid is deemed to be absolutely necessary.

§ 4. When referring to special education in individual subjects can the inclusion of pedagogical-psychological counseling may be omitted, if the school's leader believes that it is not necessary, and if the parents agree. Student's views must be attributed to adequate weight, taking into account the pupil's age and maturity.

(2). The school's Director shall ensure that parents are informed that they may at any time request that the pedagogical-psychological counselling are involved. If the parents are pulling their commitment omission of pedagogical-psychological counseling back, the school's leader setting on a pedagogical-psychological assessment of the pupil pursuant to section 3, paragraphs 5-7.

§ 5. Decision to launch special educational assistance after primary school section 20 (2), 1. paragraph shall be taken by the school's Director. In the absence of the consent of the parents, can only be initiated special educational assistance, where the school's leader considers that assistance is essential in the interests of the pupil's development. There must also be laid considerable emphasis on the parents ' wishes with regard to the details of the special pedagogical assistance.

(2). The Municipal Council may decide to refer a student for special educational assistance in another school in the municipality than the district school. The Municipal Council can also in agreement with another Municipal Council referring students to special classes or special schools in the other municipality. Parents ' and pupils ' wishes with regard to the regard school location shall as far as practicable.

(3). The Municipal Council can take a decision on the referral of a student with special educational assistance in a dagbehandlingstilbud or in a location, see. § 10 (1) (8). 5, and section 19.

(4). The Municipal Council may, after agreement with the concerned school decide on referring a student to teaching in a declared free primary school, an approved after school, an approved municipal school or an approved håndarbejdsskole, jf. primary school section 22 (1). Referring a student to these school types can only be done with parental consent, see. primary school section 22 (4).

(5). Parents must be informed in writing of all settings, reports, and decisions on the introduction of special educational assistance in accordance with paragraphs 1 to 4.

§ 6. Special educational assistance in accordance with section 10, paragraph 1, no. 1-4, can be implemented without due regard to it in sections 3 and 5 specified procedure, if the pupil is in a particularly difficult situation requiring immediate action from the school's page. There must be consultation with parents as soon as possible however, and carried out an educational-psychological assessment, if the incumbent special pedagogical assistance estimated that would extend over at least 3 weeks (15 school days).

§ 7. If the pupil is estimated to be in need of a particularly far-reaching consideration or support that can best be met in a regional measure, the school's Director, after consulting with the parents proposal for Municipal Council, which shall take a decision on the referral of the pupil to the special educational assistance at the Regional Council's measure, see. primary school Act § 21 (1). The reference must be accompanied by a recommendation on what measures the Municipal Council after consultation with the student, parents and any particular expert finds necessary.

(2). The Regional Council shall decide on the detailed content of the measure negotiated with the Municipal Council on the basis of the carried out setting, see. However, paragraph 3.

(3). The Regional Council shall, by its decision under paragraph 2 put considerable emphasis on the parents ' wishes. Reference to special educational assistance in boarding school form requires the consent of the parents and the pupil.

(4). The provision in § 5 (5) shall apply mutatis mutandis at the launching of the special educational assistance at the Regional Council's measure in accordance with paragraph 1-3.
§ 8. The school leader is following the development of pupils who receive special education after primary school article 20, paragraph 2, and taking at least once per year to determine whether the special educational assistance for that pupil must continue, change or cease. The decision shall be taken on the basis of an educational-psychological assessment and after consultation with the parents.

(2). At the continuation, amendment or termination of special education in individual subjects can the inclusion of pedagogical-psychological counseling may be omitted, if the school's leader believes that it is not necessary, and if the parents agree. Student's views must be attributed to adequate weight, taking into account the pupil's age and maturity.

(3). The school's Director shall ensure that parents are informed that they may at any time request that the pedagogical-psychological counselling are involved. If the parents are pulling their commitment omission of pedagogical-psychological counseling back, the school's leader setting on a pedagogical-psychological assessment of the pupil pursuant to section 3, paragraphs 5-7.

§ 9. The school leader is following the development of pupils receiving special educational assistance at a regional training for lower-secondary section 20, paragraphs 3 and 4. The Municipal Council, which has referred the student to the concerned regional educational offerings, takes after the debate with the Council at least once a year to determine whether the special pedagogical assistance must continue or cease. Decision amending the detailed content of the measure taken by the Regional Council negotiated with the Municipal Council.

(2). The decisions referred to in paragraph 1 shall be taken on the basis of an educational-psychological assessment and after consultation with the parents.

Chapter 3 Mechanism of the special pedagogical assistance section 10. Special educational assistance may be given in the following ways: 1) Eleven preserves belonging to the common class and participate in the general education, but so that the pupil will receive support in some or all of the hours.

2) Eleven preserves belonging to the General category, but so that the pupil will receive specially planned instruction in one or more disciplines outside of the regular class hours. For kindergarten and 1.-3. grade levels must, however, take account of it in the primary school section 16 (3), 2. point, provided the highest daily class hours, see. section 13, paragraph 1.

3) pupils ' sense of belonging to the common class ends, since all the teaching is given in a special class, that are located on a common primary school, on a special school or at a regional educational offerings.

4) the pupil has an affiliation with either an ordinary class or a special class, but receive education in both of these class types.

5) the pupil is taught in a dagbehandlingstilbud or in a location, see. § 5, paragraph 3.

(2). If the school's Manager determines that a student who has preserved belonging to the General category in accordance with paragraph 1, nr. 2, do not get sufficient yield of participation in general education classes in one or more subjects, it may specially planned instruction in the subjects in question take place in parallel with the class teaching. Decision taken by the school's Director, after consultation with the parents.

(3). Decision pursuant to paragraph 2 requires that educational differentiation, team formation, as well as the advice and guidance of the pupil's teachers is not adequately resolve the student's difficulties in obtaining a sufficient yield of participation in general education classes.

§ 11. Provisions on the establishment of special classes and special schools be included in an annex to the Statute of the Agency of the municipality's school system. The same applies to the information on the Regional Council's safeguarding of communal operational functions under the primary school section 20 (4), as well as the dagbehandlingstilbud and the space for places that are entered into agreement with, see. § 19.

§ 12. For special classes or other alternatives to special education in the ordinary classes, see. § 10 (1) (8). 5, lay down specific lesson plans. There may also be drawn up specific curricula.

(2). The plans shall include the subjects listed in the primary school section 5, paragraph 1-4, § 19 c, paragraph 2, and paragraph 19 (d), paragraphs 2 and 4. However, can be given teaching students in other grade levels than those specified in the foregoing provisions.

(3). The Municipal Council may permit pursuant to § 16 primary school (1) laid down rules on a minimum number of annual training hours for primary school initative for the sake of a transport system that is common to multiple grade levels, but in such a way that the hour on one or more higher grade levels can be lower than indicated in the notice that the hour is increased corresponding to one or more lower grade levels.

(4). At 8. and 9. grade levels can Municipal Council provide that educational, vocational and labour market orientation is given as an independent and compulsory subjects.

(5). 8.-10. grade levels can Municipal Council stipulate that students for a longer period of time is broadcast in working internships in companies, possibly so that undervisningstimetal with their pupils and parental consent in the period concerned shall be reduced to one-third of it for the respective grade levels scheduled undervisningstimetal for the same period. In 10. class teaching in Danish, mathematics, and English is not reduced to less than a third of the scheduled undervisningstimetal for the same period. Teaching, building bridges, etc. and work internship in 10. class must constitute at least a total of 840 annual teaching hours of 60 minutes.

(6). At 10. grade levels can the hour in Danish, mathematics and English in special cases and with the pupil and parental consent have a range of up to 540 annual teaching hours of 60 minutes. Students who have been exempted from tuition in English throughout their school career, in 10. class shall be exempt from this subjects against the teaching of Danish and mathematics get a degree equivalent to at least 420 annual teaching hours á 60 minutes.

Chapter 4 special schemes for individual pupils section 13. Teaching time for students in kindergarten and on 1.-3. grade levels, who receive special education, with parental consent can exceed it in primary school section 16 (3), 2. section, set maximum daily hours to 7 hours.

(2). A student may in exceptional cases with the approval of the Board of directors or regional Municipal Council temporarily receive all instruction as single-Member classes. Undervisningstime century can in that case be reduced below the under primary school section 16 (1) of the fixed minimum number of annual training hours. The same applies to the fixed minimum number of annual training hours for 10. class at 840 teaching hours per year. The Municipal Council must continuously examine the possibility to refer the student to an appropriate offers on a regular public school, a special school or in a regional educational offers, etc.

(3). The hours can be reduced if the student's connection with parental health, according to the medical certificate does not allow implementation of full tuition.

§ 14. Have a student exceptionally large difficulties in a subject so that it is not deemed appropriate to give the student special education in the subject, the student with parental consent can be exempted from teaching in this profession, however not in the case of Danish and mathematics. A decision to this effect taken by the school's leader on the basis of an educational-psychological assessment. If the student is referred to the special educational assistance at the Regional Council's measure, any exemption be included in decision-making. It is a condition that the pupil gets second teaching hours for the relevant subjects.

(2). Paragraph 1 shall apply correspondingly by exemption from the mandatory building bridges, etc. for 10. class, see. primary school section 19 c (4) and for the mandatory self-imposed task in 10. class, see. primary school Act § 19 c, paragraph 5.

§ 15. Ranking process may, in agreement with the student and parents in one or more of the disciplines will be replaced by a written opinion on the pupil's point of view. The opinion must be based on the extent to which the pupil has reached the objectives set for teaching in the individual subjects.

(2). If the ranking process pursuant to paragraph 1 shall be replaced by a written opinion, include this on the student's diploma.

Chapter 5 Other rules § 16. Move a student who receives special educational assistance to another municipality, the Municipal Council must see to it that the Municipal Council in this municipality as soon as possible and at the latest within 4 weeks from the move be informed. The notification is done by school management in the municipality will send a report of the vacating conducted special educational assistance for school management in the tilflyttende municipality, as seeking contact with the pupil's parents for the purpose of continued assistance.

§ 17. If a pupil at the school corridor or cessation is estimated to be in need of continuation of special educational assistance, counselling or guidance from the Youth Municipal Council provides guidance to inform the student and parents about the possibility of getting this assistance.

(2). The Municipal Council must, where necessary, cooperate with other authorities to help ensure that students are given the opportunity to exploit their earning capacity in the best way possible, while the pupils are informed about their opportunity for further education.
§ 18. Special educational assistance for 1.-10. class is carried out by teachers who through special training or otherwise have acquired the necessary prerequisites. In kindergarten classes can special educational assistance also given by the educator trained staff with similar conditions. The same is true with respect to special educational assistance, which by virtue of section 25 of the Act, a school (3), established the coordination of teaching in that discipline or field of study, and where there are established age-integrated classes in accordance with § 25 primary school, paragraph 7.

(2). Supplementary special education, see. § 10 (1) (8). 2, however, can be given by teachers in the subjects concerned, normally the pupil's teacher in the subject.

(3). Special educational assistance in dagbehandlingstilbud and stowage locations, see. § 10 (1) (8). 5, and section 19, and other special educational assistance, see. § 2, nr. 4-6, can be undertaken by personnel with the prerequisites for the task.

§ 19. Referring a student to special educational assistance in a dagbehandlingstilbud or in a location, see. § 5, paragraph 3, and article 10, paragraph 1, no. 5, shall be subject to in advance between dagbehandlingstilbudet/space and the local municipal Council has entered into agreement on the scope, content and organisation. The agreement shall include at least the following: 1) reading and lesson plans.

2) qualifications.

3) Regulatory function and its contents.

4) The pedagogical-psychological control.

5) Budget for education and accountability.

6) registration and reporting to the Municipal Council of the use of force against the students.

(2). In paragraph 1, no. 3, said supervisory function shall, among other things, ensure that the teaching of dagbehandlingstilbuddet or the space commensurate with what is commonly required in public schools, see. primary school section 40 (1).

Chapter 6 Copenhagen § 20. In section 3, paragraph 6, 3. paragraph, section 7 and section 9 provisions laid down on the regional educational discount applies, mutatis mutandis, to those of Borgerrepæsentationen-run county-wide educational offers children's clinic and the school at Kastelsvej.

Chapter 7 The national knowledge and special advisory organization (VISO) § 21. In connection with the pedagogical-psychological assessment of each student under section 3 (5) of the basic regulation. section 3, paragraph 6, section 8 (1), (2). paragraph, and article 9, paragraph 2, take educational-psychological counselling position to, 1) whether there is a need to obtain specialist advice from the national knowledge and special advisory organization (VISO), providing indicative special advice in the most specialized and complicated individual cases, and/or 2) whether there is a need to obtain assistance for the diagnosis from the national knowledge and special advisory organization (VISO), providing assistance for the diagnosis in the few most infrequent special and complicated individual cases where the necessary expertise cannot be expected to be present in each municipality or in the region's educational offerings.

(2). The decision to involve the national knowledge and special advisory organization (VISO) in accordance with paragraph 1 shall be taken after consultation with the parents.

(3). If the parents are asking the pedagogical-psychological counseling to obtain indicative special advice and/or assistance in reviewing the functioning of the national knowledge and special advisory organization (VISO), and pedagogical-psychological counseling refuses this, it should be reflected in the statement made to the school's leader in accordance with § 3, paragraph 5, and be accompanied by a statement of reasons for the refusal. The same applies to statements made respectively to the school's leader, the Municipal Council or the Regional Council under section 8 (1), (2). paragraph, and article 9, paragraph 2, on the continuation, amendment or termination of the special pedagogical assistance.

§ 22. Previously a school, including a regional educational offerings, special advice from the national indicative obtains knowledge and special advisory organization (VISO) on the organisation of the special educational assistance for the individual student, involved educational-psychological counselling.

Chapter 8 Complaints, etc.

§ 23. School leader's practical decisions concerning school pupils within the objectives and frameworks and principles on which the Municipal Council respectively, the School Board has established, cannot be processed by the Municipal Council, see. primary school section 45, paragraph 2 2. PT.

§ 24. School Board's decisions after secondary school § 44, paragraphs 2 to 6 and 9, cannot be brought before another administrative authority, see. primary school section 51 (1).

(2). And decisions taken by the Municipal Council on the municipal school system, may not be brought before the higher administrative authority, see. primary school section 51, paragraph 2.

(3). Decisions to refer or not to refer to special education pursuant to § 21 primary school (1), as well as a decision to revoke a referral can within 4 weeks from the notification of the parents of the decision brought before the Board of appeal for extensive special education. The same applies to decisions on refusal of referral, referral or withdrawal of referral to special schools and special classes, see. primary school section 51, paragraph 3.

(4). Decisions on the detailed content of the measure in special schools or in special classes may, within 4 weeks from the notification of the parents of the decision brought before the Board of appeal for extensive special education, see. primary school section 51, paragraph 4.

(5). (3) 1. paragraph and paragraph 4 shall apply mutatis mutandis to decisions relating to pupils whose teaching can only be implemented with the support of the vast majority of teaching time, see. primary school section 51, paragraph 5.

(6). And decisions taken by the Regional Council relating to the region's educational offer, may not be brought before any higher administrative authority, see. primary school section 51, paragraph 7. Decisions pursuant to section 21 of the Act, a school (3) may, however, within 4 weeks from the notification of the parents of the decision brought before the Board of appeal for extensive special education, see. primary school section 51, paragraph 8.

(7). Municipal Board of Directors decisions relating to refer or not to refer to special education in dagbehandlingstilbud and on the space for places, see. primary school section 20, paragraph 5, and section 22, paragraph 5, as well as decisions to revoke a referral can within 4 weeks from the notification of the parents of the decision brought before the Board of appeal for extensive special education. The same applies to the Municipal Board's decisions on the detailed content of the measure in the dagbehandlingstilbud and on the space for places, see. primary school section 51, paragraph 9.

Chapter 9 the submission of the complaint to the Board of appeal for extensive special education section 25. Appeal to the Board of appeal for extensive special education over decisions taken by the head teacher, the Municipal Council or Regional Council, and as may be brought before the Board of appeal, see. primary school section 51, paragraphs 3 to 5, 8 and 9, of the parents are submitted to the authority that has taken the decision with a view to a re-evaluation of the decision.

(2). If a complaint is not submitted within the time-limit complaint at 4 weeks, the authority shall immediately send the complaint to the Board of appeal stating that the complaint period has not been respected.

(3). If the parents send the complaint directly to the Board of appeal, the appeal shall immediately send the complaint to the authority which has taken the decision with request for reassessment, unless the complaint deadline of 4 weeks has not been complied with.

section 26. The authority which has taken the decision to re-examine the decision within four weeks after that the authority has received the complaint.

(2). If the authority cannot complete its review within the period of 4 weeks, because there must be obtained additional information, reviews and the like, must have written notice thereof and of the parents, when genvurderingen may is expected to be completed.

§ 27. If the authority after genvurderingen gives parents wholly or partially successful, a new decision shall be sent to the parents within 4 weeks after the competent authority has received the complaint without prejudice. section 26, paragraph 1.

(2). If the authority can give parents only partially upheld, the parents within 4 weeks from receipt of the decision to inform whether they maintain the appeal. If the parents insist the complaint, send the complaint to the authority and genvurderingen within 2 weeks after receipt to the Board of appeal. The authority shall inform at the same time, the parents of the submission to the Board of appeal.

(3). If the authority determines that the decision should be left unchanged, sent the complaint and genvurderingen with a statement of reasons for the Board of appeal within four weeks after that the authority has received the complaint. The authority shall inform at the same time, the parents of the submission to the Board of appeal.

(4). At the same time as the complaint is sent to the Board of appeal, see. paragraphs 2 and 3, the competent authority shall send the following documents to the Board of appeal: 1) the original decision, as parents have complained.

2) Current school opinion and student plans.

3) A description of the offered educational offers, complained of.

4) Pedagogical-psychological Advisory assessment with proposals for the detailed arrangement of the special educational assistance.

5) Relevant professional opinions about the student from other experts, including, where appropriate, an opinion from the national knowledge and special advisory organization (VISO).

6) Relevant minutes of meetings between the parents, the school, the municipality and others.

Chapter 10 coming into force of section 28. The notice shall enter into force on the 1. August 2010.
(2). Executive Order No. 1373 of 15. December 2005 on public school's special education and other special educational assistance shall be repealed.

The Ministry of education, the 7. July 2010 P.M.V. E.B. Jacob Hess/