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Sixty-two Schools for Students with Disabilities Repeal Provisions Requiring Submission of Written Covenant during NHRCK Investigation
Date : 2007.03.29 00:00:00
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In October 2006, the Joint Association for the Educational Rights of the Disabled filed a complaint to the effect that “Seventy-three schools for students with disabilities attended by disabled students collect a written covenant at the time of their matriculation that holds those students or their parents solely accountable for any accident inside or outside school, which constitutes a human rights violation and discrimination against disabled students.” In the process of investigation by the National Human Rights Commission of Korea (NHRCK), 62 special schools notified the NHRCK of their decision to repeal the provisions of school regulations requiring submission of such written covenant at the time of matriculation. Thus, the case was resolved in the course of investigation.
According to the findings by the Commission, the school regulations of 62 among the 73 schools noted by the complainant (85%) included a provision whereby students must submit a written covenant at the time of their matriculation. For instance, one written covenant provided that “the parents affix a joint signature of guarantee regarding the student’s transfer or matriculation that the student is solely responsible for any protective measures outside school as well as any problems arising from his or her going to and from school, and health and life in school.” Written covenants required by other schools were similar.
Students with disabilities enter special schools to obtain access to special education and related services satisfying their individual characteristics and needs. Educating these students is the joint responsibility of the central and local governments and school authorities. Nevertheless, the central and local governments and school authorities did not assume any responsibility for accidents these students may experience in the course of their programs, but instead required students or their parents to submit written covenants that they would be held solely accountable for such accidents. This is highly likely to constitute a human rights abuse and discrimination against disabled students in the opinion of the NHRCK.
Thankfully, said 62 schools accepted the NHRCK’s opinion in the process of its investigation and notified the NHRCK of their repeal of the applicable school regulation provisions. It was found that the remaining 11 schools did not have such provisions in their school regulations.
Hailing the repeal by the 62 special schools of their school regulation provisions requiring submission of written covenants even before completion of its investigation, the NHRCK announced its plan to investigate similar requirements at other special schools. It also intends to conduct an investigation into discrimination against disabled students at ordinary schools that have special classes for them.
