장애학생의 통합교육 받을 권리의 실현방안에 대한 고찰

Special education is developing in the form of integrated education in which students with disabilities and non-disabled students are educated together in one class. However, the reality is that there are many cases in which students with disabilities are either rejected by the school or forced to transfer to a special school when they try to enter or transfer to a general school. This shows that the human dignity of students with disabilities is being violated, and that fundamental rights related to integrated education are being violated, from access to educational opportunities to practical educational equality that is specifically required. This thesis analyzes the rights of students with disabilities to receive education, focusing on integrated education, and seeks ways to achieve this. As the focus is on integrated education, the discussion will be conducted by limiting the scope of students with disabilities to elementary and middle school students. To this end, the concept of disabilities and students with disabilities, the necessity of special education, and integrated education as the embodiment of special education are reviewed together, and then the constitutional significance of inclusive education for students with disabilities in relation to human dignity and the right to receive education is examined, and the role and limitations of parents as an obligation to realize inclusive education for students with disabilities are considered. Lastly, the role of the state as the entity responsible for the realization of integrated education for students with disabilities, the limit situation and realization of conditions for integrated education for students with disabilities, and amendments to the provision of special teachers and special classes for practical education, the necessity of preparing convenience facilities for school life and revising laws related to remote class support are reviewed. In order for such integrated education of students with disabilities to be practically implemented in the educational field, it is necessary first to ensure that their parents have the right to choose schools for integrated education. In addition, the right of their parents to participate in the curriculum should be specifically specified in the Special Education Act. Next, it is proposed to improve educational conditions, fill the quota for special teachers, reduce the number of students per class in special classes in general schools, and increase the number of special classes for ensuring admission opportunities for students with disabilities. To ensure that students with disabilities do not have difficulties in educational activities at school, it is suggested to prepare convenient facilities for them in schools and to improve remote class support, and, if necessary, urge relevant laws to be revised in accordance with the changed reality.