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Proposed amendments/ additions to the Federal Constitution and the Education Act 1996 are set out below and underlined for easy reference.

A. THE FEDERAL CONSTITUTION

Article 12(1)

"Without prejudice to the generality of Article 8 there shall be no discrimination against any citizen on the grounds only of religion, race, descent, place of birth or any special need that the person has:-

(a) in the administration of any education institution maintained by a public authority and in particular the admissions of pupils or students or the payment of fees; or

(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).

A person has a "special need" if he has a physical or mental impairment or any speech or behavioural problem which has a substantial and long term adverse effect on his ability to carry out normal day to day activities and/ or impedes his ability to pursue his studies in the mainstream of education in regular classes. It is the responsibility of every state government to provide appropriate education and training for all children; with special needs.

Article 12(5)

Every state government shall be provided with adequate budget funds for the appropriate training and education of children or individuals with special needs and for organising the implementation of plans approved by the National Task Force Committee to be set up. The composition of the Task Force Committee for Special Education will include an educational psychologist, psychiatrist, occupational therapist, speech therapist/audiologist, special educationist and other relevant professionals besides policy makers. Members shall hold office for two years at the end of which they may be reappointed.

B. EDUCATION ACT 1996 (Special Education) Regulations 1997

Section 3(1) to be deleted.

C. EDUCATION ACT 1996 (ACT 550)
Section 2 - Interpretation
To add in the following:
"educational institution" to include 'charitable and non-profitable organisation providing special education'.
"ill treatment or abuse" is defined to be the same as outlined in Child Act 2001 (Act 611) Section 31(1) (a) to (b).
"special child or person" is a child or an individual with a disability which includes a physical or mental impairment or speech or social or behavioural problem which has a substantial and long term adverse effect on his ability to carry out wholly or partly the necessities of a normal individual and/ or social life as a result of a deficiency either congenital or not in his or her physical or mental or social or emotional capabilities.
" special education" means educational services, therapeutic and vocational components that provide for the special educational needs of pupils with disabilities and provide special children with equal access to the regular school curriculum with modifications wherever deemed necessary.

Section 40A

(1) At the beginning of each school year, each State Education ministry shall have an "individualised education program" which is a written statement for a special child that is developed and implemented in accordance with Section 40B.

(2) An Individualised Education Program will be drawn up within one month of the child's registration for special education after the state educational agency has initiated and conducted meetings for the purposes of developing, reviewing and revising the Individualised Education Program of a special child based on a period of observation and assessment of the child's abilities. The meetings shall include the following persons:

(a) a representative of the state education ministry other than the child's teachers who is qualified to provide and supervise the provision of special education;
(b) the child's teachers;
(c) one or both of the child's parents;
(d) the child, if appropriate;
(e) speech therapist or psychologist, if the child is in need of speech therapy or behavioural therapy;
(f) a physiotherapist or occupational therapist or any other professional deemed necessary for the improvement of the well being of the special child or individual.

(3) the Individualised Education Plan for each special child must include:

(a) a statement of the child's present levels of educational performance;
(b) a statement of annual goals including short term instructional objectives;
(c) a statement of specific special education and related services to be provided to the special child;
(d) a statement of specific special education and related services to be provided to the special child;
(e) the projected dates for initiation of services and appropriate objective criteria and evaluation procedures and schedule for determining on at least an annual basis whether the short term instructional objectives are being achieved;
(f) enrichment opportunities for special children to maximise their potential.

Section 40B - In drawing up and implementing the Individualised Education Program the state educational ministry or agency shall establish and maintain procedures which shall include:

(a) an opportunity for the parents of a special child to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation and educational placement of the child and to obtain an independent educational evaluation of the child if the parent considers it necessary;

(b) procedures to protect the rights of the special child whenever the parents of the child cannot be located including the assignment of an individual (who shall not be an employee of the local educational ministry/ agency that is involved in the education or the care of the child) to act as a surrogate for the parents;

(c) an opportunity to present complaints with respect to any matter relating to the identification, evaluation or educational placement of the child in a cordial atmosphere without the child suffering adverse treatment as a result of such complaints being made;

(d) an opportunity to be accompanied and advised by an advocate and solicitor and/ or by individuals with special knowledge or training with respect to the problems of special children;

(e) an opportunity for special children with learning difficulties to sit for examinations with appropriate adjustments on time frame, medico-technological considerations and others;

(f) procedures for suspending the services or certain benefits of employment of teacher found guilty of causing injury.

Section 40C - Every special child is to undergo a psychological assessment which is to be reviewed once every three years by a qualified psychologist as provided in Section 41(5) herein below.

Section 41 to read as follows:-

41(1) Subject to subsections (2) and (3), the Minister may by regulations prescribe -

(a) the duration of primary and secondary education suitable to the needs of a pupil in receipt of special education;

(b) the curriculum to be used in respect of special education in accordance to the ability and level of functioning of the special child and the directives of the National Task Committee for Special Education;

(c) the categories of pupils requiring special education and the methods appropriate for the education of pupils in each category of special school;

(d) the appointment of appropriately qualified special education teachers for the different types of disabilities;

(e) to ensure that the teacher-student ratio is reasonable and beneficial for the special child's learning programme;

(f) any other matter which the Minister deems expedient or necessary for the purposes of this Chapter including the payment of teachers' salaries and maintenance costs of running special schools organised by non governmental organisations for special children.

Section 41(4) The rehabilitation of special children shall be carried out through the implementation of inclusive education in the regular classroom as far as possible. The Minister may by regulations prescribe -

(a) Forming an "Inclusive Education Resource Team" for each district consisting of at least 6 teachers with training and knowledge in different types of disabilities for further training for 6 weeks on inclusion with a coordinator who is responsible for day to day running of the inclusion programme for 2-3 schools in one district;

(b) Commissioning the Resource Team to run short, local orientation courses for teachers in the normal school system for standards 1 to three to enable them to help children with special education needs in the normal classroom on the attitudes, observation and assessment, teamwork, curriculum adjustment, classrooms management and the use of the UNESCO resource pack "Special needs in the classroom";

(c) Developing a system of mobile multi-disability resource teachers assisting children with special educational needs and their teachers;

(d) Developing a group of "Teacher Aides" who could be parents, trainee teachers or other volunteers with a minimum qualification of SPM after undergoing orientation courses organised by the Ministry of Education to assist the teacher in the regular classroom;

(e) Appointing inclusive/ special education "advisers" to act as consultants, stimulators and innovators to schools with special education classes on a part-time basis.

Section 41(5) The number of special education classes and schools with specially trained teachers should be commensurate with the number of students in each category of disability stated in Section 40(1) in any year. It is compulsory for a school with special education classes to have a qualified psychologist on full time or contractual basis to oversee the psychological welfare of the programmes being carried out.

Section 41(6) Preschool education for special children shall be carried out by the following institutions for their development in physical, cognitive, communication, social or emotional and adaptive areas:

(a) Kindergartens in special schools;
(b) Regular kindergartens;
(c) Welfare institutions for special children;
(d) Institutions of rehabilitation for special children;
(e) Preschool classes of all primary schools; and
(f) Early intervention centres by the local municipalities.

The above institutions from (a) to (h) should take appropriate measures to obtain a functional assessment for special children in their care at regular intervals and take appropriate measures for therapeutic education/ training based on the medical reports and advice given by speech therapists, psychologists, occupational therapists and other relevant professionals.

Section 41(7)

(a) The Minister shall provide vocational education and training for special children to prepare them for the workplace depending on the skills they have and the potential skills they may acquire.

(b) The coordinators of vocational courses in para (1) above shall develop school owned enterprises as a basis for practical skill training in line with teaching needs and conditions.

(c) The Minister shall provide education extension centres for adults with special needs to develop useful skills for lei sure, work and socialisation.

Section 42

(1) No person shall establish or maintain a teacher education college except with the approval of the Minister.

(2) The Minister may by regulations prescribe a system of ongoing training for teachers in special education by foreign expertise in the special needs stated above on a periodical basis attendance of which shall earn credits which shall be considered for salary revision and promotion prospects.

Section 135

(3) A teacher or any person who ill-treats or abuses a child is guilty of an offence under this Act and shall be subject to disciplinary procedures ranging from suspension of teaching in any school to deprivation of employment benefits like pensions, loans or others to be decided by the Minister of Education.

CONCLUSION

Although special education is a relatively new area in Malaysia's development, the emergence of legislation will serve as a bulwark of the rights of children with special needs in receiving the necessary training, education and facilities to give them a life worth living. Malaysia will enhance its status as a centre of educational excellence by streamlining and fine tuning its special education program to benefit all individuals with special needs suffering from diverse ailments. Through these measures, the Government of Malaysia is giving due recognition to the rights of all individuals with special needs as Malaysian citizens who are just as entitled to equal opportunities in education, housing, employment and other areas.

LIST OF APPENDICES

Appendix A: UN Convention on the Rights of the Child Article 23
Appendix B: Declaration on the Rights of Disabled Persons, G.A. res. 3447 (XXX), 30 U.N. GAOR Supp. (No. 34) at 88, U.N. Doc. A/10034 (1975).
Appendix C: Proclamation on the Full Participation and Equality of People With Disabilities in the Asian and Pacific Region
Appendix D: Asia Pacific Decade of Disabled Persons 1993 - 2002
Appendix E: Section 3(1) Education Act (Special Education) Regulations 1997
Appendix F: Section 31(1) Child Act 2001

Published in Infoline January/February 2005

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