從身心障礙學生教育基本權檢討融合教育的師資培育制度:以國民教育為核心
: Review the Teacher Education System of the Inclusive Education from the Fundamental Right for Students with Disabilities: Focus on Compulsory Education

  • 鈺茹 黃

Student thesis: Master's Thesis

Abstract

n recent years, in view of the fact that people attach importance to human rights, Taiwan has undertaken a considerable reform in special education. This reform has educational placements of students with disabilities gradually change from segregated educational model to “inclusive education” model. Under the principle of “The Least Restrictive Environment” , Inclusive education emphasizes that students with disabilities should be placed in ordinary classes. The purpose of this educational model is to reduce the gap between the ability of ordinary students and students with disabilities, as well as to show respect for the human rights of people with disabilities and to implement an educational philosophy of equal education and zero rejection. Although the current inclusive education is the spindle of special education policy, the actual educational situation has not reached the real level. How to truly implement integrated education is an important issue in response to the learning needs of students with disabilities. In 2017, a news that the teacher did not have a comprehensive understanding of the special symptoms of children with Tourette's disease, and gave the students an inappropriate way of discipline. The student suffered from bullying for a long time and eventually happened a pity. The disclosure of this news, in addition to arousing the awareness of the protection of the rights of students with disabilities, has also led the author to question whether the current training of the general professional teachers in the teacher education system is sufficient to meet the different educational needs of students. This paper believes that the design of the teacher education system is the most fundamental issue in the process of promoting inclusive education.
The basic rights involved in the educational rights of people with disabilities are equal rights and basic rights to education. First, Article 7 of Constitution guarantees the equal rights of persons with disabilities. Although the state adopts affirmative action, and tries to use positive measures to adjust the inequalities of people with disabilities. However, in the actual educational field, whether the teachers are suitable for the case of students with disabilities, or the face of building a barrier-free environment, it is obvious that the educational rights of students with disabilities are still subject to obstacles and discrimination. On the other hand, Article 21 guarantees the basic right of education for students with disabilities. The subjective and objective functions developed by the theory of basic rights are shaped to shape the protection of the basic rights of education for students with disabilities. The Constitution guarantees the equal rights and basic rights of education for students with disabilities not only through formal legal norms, but more importantly, it is necessary to further examine and correct the teacher education system to assist students disabilities. From the general opinion No. 4 of the Convention on the Rights of Persons with Disabilities and the concluding observations of the International Review Committee, reaffirming the importance of implementing integrated education, it is even more important that our teachers did not receive appropriate training during the teacher education system, so that it is not possible to provide educational services that are appropriate for students with disabilities.   Although the Convention has been legalized in the State, it doesn’t mean that the Convention can serve as a legal basis for restricting fundamental rights. Therefore, this paper begins to think about amending the "Teacher's Training Law", including the provisions of the Convention and its opinions into the consideration of the revision of the law, and then proposing specific suggestions for the revision of the law, and also enforcing the curriculum of the inclusive education to be stipulated in the teacher education. As the revision of the law will indirectly infringe on the freedom of study of future teachers and students, in order to strive for perfection, this paper will conduct a constitutional test at the end of the proposed amendments. Finally, it is concluded that the proposed amendments should be constitutional.
Date of Award2019 Jan 18
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

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