PART A
SPECIAL EDUCATION INTEGRATION BILL 2016
A Bill to provide for special education integration programs in Malaysia.
Short title
1. This Bill may be cited as the Special Education Integration Bill 2016.
Interpretation
2. In this Bill, unless the context otherwise requires –
“children” refers to those below the age of 18 years,
“ill-treated” refers to acting cruelly towards the child,
“individualised education program” refers to a written statement for each child with special education needs set out in accordance with section 5,
“mainstream schools” refers to schools that are not special schools,
“other children” refers to children without special education needs,
“Special Education Department” refers to the existing Department under the Ministry of Education,
“special education needs” refers to visual impairment, hearing impairment, speech difficulties, physical disabilities, multiple disabilities and learning disabilities,
“learning disabilities” includes disorders in one or more of the basic psychological processes involved in understanding or in using language, as diagnosed by a qualified psychologist.
Special Education Department
3. The Special Education Department shall –
(1) store a database of children who require special education,
(2) by enrolling in the database, the child should be given a special card which allows certain privileges in services,
(3) monitor the amount of children with special education needs in every region or state,
(4) allow for complaints against the school, teachers, psychologist or any service,
(5) allow for recommendations and suggestions to improve education and welfare of children with special education needs.
Special Education Integration Programs
4. There shall be special education integration programs in every mainstream government or government-aided primary and secondary school, where –
(1) special education needs children will be placed in respective classrooms separate from other students based on their special needs,
(2) special education needs children will participate in extracurricular and other school activities with other children to an appropriate extent,
(3) each school will be fully equipped with the necessary facilities for each respective special need,
(4) each school will receive professional support, such as but not limited to psychologists, audiologists and speech therapists,
(5) special education needs children with severe disabilities that cannot be catered for in the special education integration program shall be referred to a special education school.
Individualised Education Program
5. For every child with special education needs enrolled in any school –
(1) the school must design an individualised education program to meet the unique needs of each child within one month of the child’s enrolment,
(2) the school must design the individualised education program with the consultation of:
(a) a representative from the Department,
(b) the child’s teachers,
(c) one or both of the child’s parents,
(d) a relevant professional, such as a psychologist, speech therapist or physiotherapist,
(3) the individualised education program shall include:
(a) a report of the child’s present level of educational performance,
(b) a list of measurable long-term and short-term goals and objectives,
(c) a report of the specific services to be provided for the child,
(d) appropriate evaluation procedure and schedule of the development of the child,
(e) other opportunities for the child to maximise his or her potential.
Teachers
6. In every government or government-aided primary and secondary school –
(1) there shall be at least two teachers in every class level that supervises and teaches students specifically with special education needs,
(2) each teacher responsible to teach special education needs children will need to go through a specific teacher training which focuses on children with special education needs,
(3) teachers must be able to cater to each child according to their required needs,
(4) in cases where children are being ill-treated, the school has the authority to –
(a) deprive teachers from their employment benefits such as pensions, or
(b) fine the teacher with an a reasonable amount per student, or
(c) suspend teachers from teaching for a certain period of time according to the severity of their actions, or
(d) sack the teachers completely from the school.
Funding
7. The Government of Malaysia shall provide the funding for the implementation of this Bill.
Safety and Security
8. In every school with students with SEN –
(1) schools must take extra precautions focusing on the safety of children with SEN in the classroom, which includes:
(a) ensuring there are no sharp or dangerous objects laying around,
(b) ensuring the edges of tables are securely covered with edge/corner guards,
(c) ensuring there are no heat-related objects,
(2) schools must ensure that there is at least one security guard patrolling every class constantly, and in any unforeseen event where the child is acting inappropriately, the security guards and school authority have the right to:
(a) intervene and take action to prevent the child from doing more inappropriate things,
(b) send the child home.
PART B
S.3(1)
In most schools, there is usually a system that stores the number of students with disabilities. However, there should be a database that includes every disabled child who requires special education, even if they do not intend to be enrolled into any special education system. This generally helps the department to cater to every child.
The database is mainly to used to help aid services for children with special education needs (SEN) and disabilities, and their families. Most importantly, it is to improve the social welfare for children with SEN.
S.3(2)
This card will identify that the child has a disability or special need, thereby reducing any potential embarrassment when trying to obtain discounts or getting help such as ‘fast-tracking’ when there are long queues.
This would give an incentive to the child’s parents to register their child with the Special Education Department. By issuing this card, the child will get easier access to care and rehabilitation. The card would be recognised by a number of organisations and establishments for the benefit of the child.
S.3(3)
Currently in Malaysia, there are 28 primary level schools. 22 are for children who are hearing impaired, 5 are for children who are visually impaired and 1 is for children with learning disabilities. 5 secondary schools, 3 are vocational schools, while the remaining 2 are academic schools for the hearing impaired and the visually impaired respectively.
By knowing the number of children with SEN in every region, this allows for planning of increasing the amount special schools in that region if the number of children which requires it are relatively high.
S.3(4)
With this department, it would be easier for parents to have a special board that they are able to make complaints to. The aim of this is to increase quality of schools, services and education to students with special needs. Thus, increasing social welfare for the child as well.
S.3(5)
Education is always evolving and changing constantly. Ways of learning are continuously changing and developing. With this, the department is able to cater and keep up with the child’s wants and needs.
Section 4
As of 2012, there were approximately 2000 mainstream schools with the special education integration program, out of which were 1300 primary schools and 670 secondary schools. As approximately only 1% of children with SEN are enrolled in the public school system, more opportunities for these children to receive an education at both primary and secondary education level need to be provided. Thus, in order to make education for children with SEN more accessible, every school should be mandated to be involved in this program.
S.4 (1)
The integration of students with SEN into their local communities is important for them to assimilate themselves into society. However, complete inclusion of SEN students into mainstream classrooms poses many challenges, particularly in Malaysia where the special education scene is still slowly developing. Thus, students with SEN shall be placed in separate classrooms from regular students to make teaching and learning most efficient.
This is called locational integration, where special classes and regular classes share the same location. This allows students to be taught according to their respective abilities and needs, yet provides opportunities for children in the regular classes to be aware of children with SEN, and for children with SEN to observe the behaviour of their other peers. This is present in the education system in Sweden, where even the most severely handicapped children are successfully integrated into regular schools.
S.4(2)
Research has shown the benefits of social interaction with regular children for children with SEN. Children with SEN who interact with peers of higher-level social skills often imitate such behaviours and skills in the future. Different studies have collectively shown that children with developmental delays, hearing impairments, specific language impairments and autism often engage in more advanced forms of play when participating in activities with regular children. Thus, students with SEN should be socially integrated and involved in extracurricular and other school activities. However, this should only be to an appropriate extent according to the various special needs and disabilities.
S.4(3)
One shortcoming of the current education system that was highlighted in the Malaysia Education Blueprint 2013-2025 was the lack of facilities in schools for children with SEN. Thus, each school ought to be well-equipped with the facilities required by students with SEN, such as ramps, Braille typewriters, hearing aids and more. This ensures the accessibility for children with SEN to attend school.
S.4(4)
Providing professional support in each school is important to ensure that SEN children’s needs can be appropriately met and supported with the relevant expertise. Experts will be able to advise the schools on measures to be taken, as well as evaluate the children. This is implemented in Hong Kong, where the Education Bureau provides various forms of professional support for students with SEN, such as a school-based educational psychology service and speech therapy service.
S.4(5)
There is a continuum of individual educational needs of each student with SEN. As such, students with severe disabilities may not be suitable for the special education integration program and may receive a more appropriate education in a special education school. Thus, such children whose needs cannot be adequately catered to in the integration program shall be referred and directed to a suitable special education school to ensure the child receives the most appropriate education.
S.5(1)
Individualised education programs (IEPs) have become an integral part of special education globally. An IEP is a written statement customised for each child with SEN that sets goals and describes the programs and services that will be offered to help the child reach those goals. IEPs were first introduced in the United States of America through its Individuals with Disabilities Education Act (IDEA) 1975. In Malaysia, although the formulation and usage of IEPs was suggested in a professional circular issued by the government in 2004, the law currently does not require it.
Under IDEA, IEPs are legally required to be written for the child before the child is placed in a class. Similarly, this should be implemented in Malaysia to facilitate proper administration and planning for the development of the child.
S.5(2)
In the USA, the formulation of an IEP is a collaborative effort between the relevant professionals, the school, the parents and the child. This ensures that a comprehensive and suitable program is crafted. Presently, in Malaysia, the special education teacher of the child draws up the IEP after interviewing the child’s parents without consulting the professional expertise of a psychologist. As such, the quality of the IEPs produced is questionable. Therefore, the formulation of the IEP should include the relevant parties in this section.
S.5(3)
The content of the IEP listed in this section has been adapted from the USA’s IDEA 2004, which has been operative for over 40 years and has proven to be effective. The IEP will allow children with SEN to maximise their potential through measurable short-term and long-term goals. It also ensures that they receive the necessary services required for their specific needs.
S.6(1)
Statistical data from the Ministry of Education showed that by 2012, there was a total enrolment of 5,272,478 children in the special education system. Therefore, it is safe to suggest that every school should have 2 teachers in every class level to teach children with SEN.
With this, the school will be prepared in taking in any kind of students, even those who require special learning. This allows SEN children to have easier access to education wherever they are despite their disabilities.
S.6(2)
It is recognised that building the capacity of teachers and schools to teach pupils with a diverse range of SEN is key to raising the achievement of these children. Teaching students with disabilities require certain specific skills. Children with SEN do not study the same way or the same pace as normal students would. By going through the required training, the teachers would have a better understanding towards these children.
Not only that, they would also learn various teaching styles that the child could adapt to in order for him/her to understand better. Different students with different disabilities would require different style of teaching.
S.6(3)
Not every child enrolled in the school would have the same disability, it is the teacher’s job to be able to teach them according to their preferred style of learning. Therefore, the teachers must be able to widen their skills in behavioural modification techniques to cater to each and every child.
S.6(4)
According to researchers, disability can act to increase vulnerability to abuse, often indirectly as a function of society’s response to disability rather than the disability in itself being the cause of abuse. There have been many cases whereby children with SEN have been mistreated. They are often physically and mentally abused by special education teachers in schools. By implementing these few penalties, it reduces the chances of teachers abusing the children. These should be implemented to protect the children from all cause.
Therefore, it is crucial that schools take full responsibility of teachers and prevent them from neglecting and mistreating the children.
S.7
In Malaysia, education is the responsibility of the federal government. As such, providing for special education is also a duty of the government, as stated in S.40 Education Act 1996 that the Minister of Education will provide special education.
The cost of providing for specialised facilities and professional support in so many schools may be an issue to some. However, financial considerations ought to take a back seat and give way to SEN children’s basic right to education, as ruled by the court in Jakob Renner & 2 Ors v Scott King, Chairman of Board of Directors of the International School of Kuala Lumpur.
S.8(1)
All children, incorporating those with SEN and incapacities, need to feel safe and secure. By having a safer surrounding and environment for them, the chance of a mishap occurring is reduced. Especially, children with SEN do not understand the dangerous element. It is known that accidental injuries are the most common death cause of death in children with serious mental incapacities. By implementing this, it would hopefully reduce the chances of the child getting hurt in school.
S.8(2)
Guards are generally in a more serious position to be able to stop any inappropriate actions from happening. This could be due to the fact that most people find guards to be intimidating, thus, increasing the chances of children with SEN to listen to the guards. Certain children with severe SEN are not aware of the circumstances of their actions, and there must be someone of higher authority that is able to stop them at any time.
PART C
In conclusion, this bill is essential to the Malaysian legal system because it will further advance special education in Malaysia. This is in line with the Malaysia Education Blueprint 2013-2025, in which special education is one of the focus areas. Moreover, this bill will also give effect to Article 28 of the Persons With Disabilities Act 2008, which affirms the right of persons and children with disabilities to ‘learn life and social developmental skills in order to facilitate their full and equal participation in education’. Furthermore, enacting this bill will also be a step forward in light of Malaysia ratifying the United Nation’s Convention on the Rights of Persons with Disabilities, where Article 24 recognises the rights of persons with disabilities to education.
As the provision of special education in Malaysia is currently rather limited, many parents often resort to sending their children to private schools and centres. However, not all families have the means to do the same. Through this bill, children with SEN will be provided with more opportunities to receive the education they rightly deserve and is guaranteed for them by law. Education will be more accessible to children with SEN, wherever they may be.
Enacting this bill will also further shed light on the importance of special education to schools, teachers, parents and the general public. By integrating children with SEN into mainstream schools, it will also educate other regular students and teachers on persons with disabilities and encourage healthy interaction among them. As such, children with SEN will be able to better integrate and assimilate themselves into society, even after they have completed their schooling.
Besides, this bill will also bring greater certainty to special education law in Malaysia. Through its specific provisions regarding the special education integration program, schools will be able to operate based on a uniform guideline when implementing such programs. The use of IEPs will ensure that each child will receive a suitable education tailored to their specific needs and as such, maximises their learning. Moreover, it also specifically addresses the problem of abuse of children with SEN by imposing strict penalties on teachers who ill-treat these children. Thus, it provides a safe space for children with SEN to learn and grow without their parents having to worry for their child’s safety and also holds teachers responsible for their deplorable actions.
Furthermore, requiring the provision of the professional support of psychologists, speech therapists and more will also advance the development of this important field of work by providing more job opportunities and highlighting the importance and value of their professional expertise. It also ensures that whatever actions the school and teachers take regarding the education of children with SEN is accounted for. Moreover, this bill will also ensure that the government takes responsibility for the provision of special education by providing the much-needed funds in executing these programs.
As such, this bill should be enacted to ensure that all children with SEN will have the opportunity to receive a quality education, just as every other child does. It ensures that children with SEN are fairly treated and accepted into society just as they are without any discrimination.