Law Amending The Law On Primary School, The Law On Private Schools And Private Primary Schools, Etc. And Act On Public Schools, Boarding Schools, Home Schools And Håndarbejdsskoler (Free Boarding Schools) (Inclusion Of Pupils With Special Needs In The...

Original Language Title: Lov om ændring af lov om folkeskolen, lov om friskoler og private grundskoler m.v. og lov om folkehøjskoler, efterskoler, husholdningsskoler og håndarbejdsskoler (frie kostskoler)(Inklusion af elever med særlige behov i den almindelige undervisning og til

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Law amending the law on primary school, the law on private schools and private primary schools, etc. and act on public schools, boarding schools, home schools and håndarbejdsskoler (free boarding schools)

(Inclusion of pupils with special needs in the ordinary teaching and adaptation of the complaint rules to a more inclusive public school, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the Act on the Folkeskole, see. lovbekendtgørelse nr. 998 of 16. August 2010, as amended by section 2 of Act No. 1569 by 21. December 2010, is amended as follows: 1. Article 3, paragraph 2, shall be repealed, and replaced by: ' (2). Children whose development requires a special attention or support, special education and other special educational assistance in special classes or special schools. There is also given special education and other special educational assistance for children whose education in the ordinary class can only be implemented with the support of at least 9 tutorials a week, see. section 16 (3), 1. PT.

(3). Children's-and the Minister shall lay down detailed rules concerning special education and other special educational assistance, including the right to obtain knowledge and specialist advice and assistance to the municipality's elucidation from the national knowledge and special advisory organization, and may derogate from the provisions of sections 5, 7, 7A, 13, 14 and 16 and section 28 (1) of section 29 and section 36 (2) and (4). '

Paragraph 3-6 becomes paragraph 4-7.

2. In accordance with paragraph 3 shall be inserted: ' article 3 a. Children who need support, and which not only can be supported by the use of the teaching differentiation and team formation shall be offered supplementary teaching or other vocational aid within the meaning of § 5, paragraph 6. If required, must be provided personal assistance that can help the child to overcome practical difficulties in the context of schooling. '

3. § 5, paragraph 6, 2. paragraph is replaced by the following:

» Who should, as necessary, additional training or other academic support for students who need support for any other reason. '

4. Article 12, paragraph 2 2. paragraphs, are hereby repealed.

5. In article 16, paragraph 4, article 19, paragraph 1, 2. paragraph, article 40, paragraph 2, no. 2, and section 50 (1) (8). 1, section 3, shall be replaced by ' paragraph 3 ' to: ' section 3 (4) '.

6. In section 19 in (1), 1. paragraph, the words ' article 3, paragraph 2, 3, 5, and 6.0 ' to: ' section 3, paragraphs 2 to 4, 6 and 7, and article 3 (a) '.

7. In section 19 in (1), (2). paragraph, the words ' article 3, paragraph 2 ' is replaced by: ' § 3 (3) '.

8. Article 20, paragraph 2, 1. paragraph is replaced by the following:

' It is the responsibility of the local authority to provide for special education and other special educational assistance, see. § 3, paragraph 2, to those referred to in paragraph 1, the children and young people. '

9. In section 36, paragraph 7, 1. paragraph, article 40, paragraph 2, no. 2, and paragraph 4, 1. section, and section 50, paragraph 2, 1. clause, and paragraph 3, section 3, shall be replaced by ' paragraph 4 ', to: ' section 3, paragraph 5 '.

10. In article 40, paragraph 2, no. 5, the words ' article 3, paragraphs 5 and 6 ' to: ' section 3, paragraphs 6 and 7 '.

11. In article 44, paragraph 5, and section 50 (1) (8). 2, the words ' article 3, paragraph 5 ' to: ' section 3, paragraph 6 '.

12. In article 44, paragraph 6, and section 50 (1) (8). 3, shall be replaced by ' article 3 (6) of the ' to: ' section 3, paragraph 7 '.

13. In article 51, paragraph 3, 1. paragraph (4), (8) and (9) 1. paragraph, section 51 (a), paragraph 1 1. paragraph, section 51 (b), paragraph 1 1. point, and (2) and section 57 c (1), (2). paragraph, the words ' appeal for extensive special education ': ' appeal for Special needs education '.

14. section 51, paragraph 5 is replaced by the following: ' (5). The provision in paragraph 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 at least 9 tutorials a week, see. § 3, paragraph 2, and section 16, (3) 1. point decisions on additional teaching and other professional support, see. § 5, paragraph 6, for students in kindergarten and in 1.-3. class that has less than 18 teaching hours per week, may be brought before the Board of appeal, if the pupil's education can only be achieved with this support in the vast majority of teaching time. '

15. section 51 (a) (1), (3). paragraph is replaced by the following:

» 2 members appointed upon a proposal by BA, and two members appointed on the recommendation of the Danish disability organisations. '

16. section 51 (a), paragraph 2 is replaced by the following: ' (2). KL may designate a representative to participate in the Committee's meetings as an expert advisor to the members who are nominated by KL. '

17. Under section 51 (b) shall be inserted in Chapter 9:» § 51 c. appeal for Special education can only change the Municipal Board's decision on a educational offers in the ordinary elementary school to an educational offerings in a special class or in a special school, if weighty professional reasons for doing so. Moreover, the Board of appeal may only change a decision on a municipal educational offers, if the Board determines that a different educational offers in the clearly higher degree meet the student's educational needs.

(2). Appeal for Special education can not decide on the referral of a student to a special class at a specific school or to a specific special school. '

§ 2

Of the law on private schools and private primary schools, etc., see. lovbekendtgørelse nr. 1135 of 7. December 2011, as amended by section 1 of Act No. 271 of 27. March 2012, is amended as follows: 1. Article 3, paragraph 1, no. 1, is replaced by the following: ' 1) provide special education and other special educational assistance to pupils pursuant to § 3, paragraph 2, 2nd paragraph, of the Act on the Folkeskole, see. However, paragraph 2, and '

§ 3

The law on public schools, boarding schools, home schools and håndarbejdsskoler (free boarding schools), see. lovbekendtgørelse nr. 689 of 22. June 2011, as amended by section 2 of Act No. 271 of 27. March 2012, is amended as follows: 1. Article 3, paragraph 1 is replaced by the following:

» Schools offer special education and other special educational assistance to pupils pursuant to § 3, paragraph 2, of the Act on the Folkeskole. '

§ 4 paragraph 1. The law shall enter into force on the 1. may 2012.

(2). The law shall apply as from the school year 2012-13, see. However, paragraph 3.

(3). Act §§ 2 and 3 shall apply as from the school year 2013-14.

(4). Students in elementary school, who before the entry into force of the Act have been boarded in support in less than 9 hours weekly or for teaching special education in one or more subjects in the school year 2012-13, preserves the special educational assistance in the school year 2012-13. However, this does not apply if the school's leader on the basis of an educational-psychological assessment and after consultation with the parents estimate that aid needs to be changed or expire.

Given at Fredensborg Palace, the 28. April 2012 Under Our Royal hand and Seal MARGRETHE r./Christine Antorini

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