Comparative Research on the Right to Education of Children with Disabilities - Focusing on the FAPE under the Individuals with Disabilities Education Act in Endrew F. v. Douglas County School District -
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In Korea, Act on Special Education for Persons with Disabilities guarantees free education for infants with disabilities, but guarantees only compulsory education for disabled children. In addition, the right to education of children with disabilities in Korea is unclear compared to the equivalent U.S. law, which guarantees a free and appropriate public education for children with disabilities. Although the United States Supreme Court has not made clear the criteria for determining "appropriate education", the appropriate education for children with disabilities has been found and based on the assumption that disabled children integrated in general classrooms have challenging goals as children without disabilities do so by the Court. The substantive content of the right to appropriate education has been inferred from not only the purpose and general provisions of the Special Education Act but also from the procedural guarantees of Individualized Education Program(IEP) of the qualified child with disabilities. As in the U.S., education rights for disabled people in Korea are also formed and guaranteed through laws. Therefore, in the statutory law, the right to receive a free education of a child with a disability should be guaranteed to be practical, and the various and detailed procedures of relief and dispute settlement procedure shall be guaranteed so that this right can be exercised as a concrete right rather than a nominal.
Abstract
In Korea, Act on Special Education for Persons with Disabilities guarantees free education for infants with disabilities, but guarantees only compulsory education for disabled children. In addition, the right to education of children with disabilities in Korea is unclear compared to the equivalent U.S. law, which guarantees a free and appropriate public education for children with disabilities. Although the United States Supreme Court has not made clear the criteria for determining "appropriate education", the appropriate education for children with disabilities has been found and based on the assumption that disabled children integrated in general classrooms have challenging goals as children without disabilities do so by the Court. The substantive content of the right to appropriate education has been inferred from not only the purpose and general provisions of the Special Education Act but also from the procedural guarantees of Individualized Education Program(IEP) of the qualified child with disabilities. As in the U.S., education rights for disabled people in Korea are also formed and guaranteed through laws. Therefore, in the statutory law, the right to receive a free education of a child with a disability should be guaranteed to be practical, and the various and detailed procedures of relief and dispute settlement procedure shall be guaranteed so that this right can be exercised as a concrete right rather than a nominal.
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