LEGAL SYSTEM
The main legal documents that regulate education of children with SEN are as follows:
The Education Reform Act of June 25, 1991, consolidated democratic principles of education in the country. Children with severe and profound disfunctions become „educatable“.
The Law on the Social Integration of the Disabled (1991). The disabled have the right to work, study and train, and regardless of the cause, character and degree of their disability they shall be entitled to THE SAME RIGHTS as other residents of the Republic of Lithuania.
Lithuania’s first post-communist Constitution (1992) affirms the determination of the Lithuanian nation to strive for an open, just and harmonious democratic society. It claims that every child must attend compulsory education until 16 years of age.
The first basis in legislation for integrated education of children with special educational needs (SEN) is the document entitled The Act of Special Educational Provision for Children with Special Educational Needs in Mainstream Educational Institutions (1993).
- in a mainstream group or class, following the mainstream curriculum, but with special methods applied or following a modified mainstream curriculum or an alternative curriculum or IEP
- partly in a mainstream group or class, partly in a special group or class;
- in a special group or class.
This document may be considered as the first document that started to legitimise integrated education of SEN children in mainstream settings. It also mandates the parent’s formal right to choose the educational institution.
The Law on Special Education (1998) establishes the structure of the system of special education as well as administration and management education of persons with SEN.
Basic definitions of the Law defines that “Persons with Special Educational Needs are children and adults, who because of congenital or acquired impairments have limited opportunities of participating in the educational process and social life”
It increases state responsibility for providing a free and appropriate education for all children and youngsters (age range 0–21 year) with SEN in the least restrictive environment, providing all needed supplementary aids and services. The Law regulates provision of educational assistive technology and training appliances
The Republic of Lithuania Law on the Amendment of the Law on Education
(1998). Upon the consent of parents (or guardians of the child), and taking into consideration requests of a child or pupil, the latter shall be referred for special education by the Special education commission of an educational institution or (and) a pedagogical psychological service.
The Republic of Lithuania Law on Education (2003)
Art. 15.2. Special needs education is provided by all compulsory and comprehensive education programmes. In order to meet the needs of a pupil, these programmes have to be changed, adapted or new special educational programmes created; an additional assistance has to be provided.
Art. 15.3. Special needs education can be provided by any school that offers compulsory or comprehensive education and other educational providers, and sometimes - special schools. Time is needed for formal education and can be prolonged for a person with SEN.
Art. 15.5. Persons with SEN [...] can acquire education and/or qualification.
Art. 22 Special pedagogical and special assistance:
1. The purpose of special pedagogical and special assistance is to increase the effectiveness of the learning process of a person with SEN.
2. Special pedagogical assistance for a person with SEN till 21 years of age is provided by Pedagogical psychological services, special needs teachers at schools.
3. Special assistance is provided to a person who needs it. According to the Law on Special Education assistive devices, teacher assistants etc have to be provided for a person with SEN according to his/her educational needs.
Art. 34 Accessibility of education for persons with SEN:
1. Upon the consent of parents (or guardians of the child) he/she can be taught in a mainstream class, special class or attend a school that offers a special education programme. Child's assessment and evaluation of his/her SEN is done by School's Special Needs Education Commission or pedagogical psychological service. Educational programmes and/or education institution is recommended.
2. Vocational training schools, colleagues and universities establish additional rules for admitting students with SEN.
3. School environment has to be adapted to a person with SEN; psychological, special pedagogical, special assistance and assistive devices and special educational materials have to be provided. Accessibility of education for persons with SEN is ensured by other ways in accordance with legislation.
(More about legal system see in the chapter 5 Teacher training and chapter 6 „Development of Integration /Inclusion“)
