REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official Translation REPUBLIC OF LITHUANIA LAW ON SPECIAL EDUCATION December 15, 1998 No. VIII- 969 Vilnius CHAPTER I GENERAL PROVISIONS ARTICLE

1. Purpose of the Law This Law shall establish the structure of the system of Special Education as well as administration and management of early and pre-school, general, supplementary, vocational college, university and adult education of persons with special needs. ARTICLE
2. The Legal Basis of Special Education Special Education shall be organised in accordance with the Republic of Lithuania Constitution, the Law on Education and other laws as well as Government Resolutions and other legal acts. ARTICLE
3. Basic Definitions of This Law
4. Special Education is the education and training of persons with special needs, as well as development of their values, taking full account of their abilities and potential.
5. Special Education Needs mean the need for assistance and services arising from to the fact that the mainstream educational and self-educational requirements do not correspond with the opportunities of persons with special needs.
6. Persons With Special Needs are children and adults, who because of congenital or acquired impairments have limited opportunities of participating in the educational process and social life.
7. Special Educator means a specialist, having a university education and qualification to work as an educational psychologist with persons with special needs.
8. Special Educational Assistance indicates the system of pedagogical means helping to ensure effective education of persons with special needs.
9. Impairment means a pathologically induced deviation of a person’s organ or function thereof from a diagnostic statistical norm.
10. Special Education Institution means an educational institution, whose principal activity consists of education of persons with special needs.
11. General Education Institutions means educational institutions of all types, excepting institutions of special education.
12. Full Integration means education and training of persons with special needs in a class or group setting of a mainstream general education institution.
13. Partial Integration is a combination of education and training of persons with special needs in a mainstream class or group setting of a general education institution and its special class/group setting; education and training of persons with special needs in a special class/group setting of a mainstream general education institution, as well as a combination of education training of persons with special needs in general and special education institutions.
14. Modified Educational Programme means a general educational programme that takes into consideration a person’s special needs and ensures that he/she receives an education in accordance with state educational standards.
15. An Adapted Educational Programme means a general education programme that does not meet state educational standards, adapted to the abilities of persons with special needs as well as a realistic level of his/her learning potential.
16. Special Education Programme means a general subject special education0 programme not meeting state educational standards, designed for a certain group of persons with special needs, or a special education programme intended to train a certain impaired function.
17. An Individual Educational Programme means a programme designed to develop a person’s individual abilities as well as his/her special educational needs.
18. Special Instructional Material is a instructional educational material adapted to the education of persons with special needs.
19. Pedagogical Psychological Service means a state or municipal budgetary institution which, with the parents’ (or the child’s guardians’) consent assesses a child’s Special Educational needs, prescribes Special Education and provides pedagogical and psychological assistance to his/her, parents (or the child’s guardians), as well as educational and child care institutions.
20. An Educational Institution’s Commission on Special Education means a team of specialists, in charge of initial assessment of a person’s special education needs, at the educational institution’s setting as well as of directing him/her for further assessment of an Educational Psychology Service and of providing a person with an education according to appropriate educational content afterwards.
21. Early Educational Training means children’s education from birth up to 3 years.
22. Educational Rehabilitation means education of persons with special needs helping to restore impaired functions as well as train compensational skills by educational means.
23. Rehabilitation Institution means an institution performing medical, vocational or social rehabilitation of persons with special needs.
24. Informal Education and Training of the Adults with Special Needs is the cultural educational training and rehabilitation of persons with special needs, promoting personality development as well as creating preconditions for more effective social adaptation to meet the requirements of state educational standards.
25. Specialised Centre for Adults means an institution designated for the employment of persons with special needs.
26. Classroom Assistant is a person who performs the education and nursing tasks indicated by a teacher during an educational process.
27. Free Services mean free-of-charge services (funded from state or municipal budgets) extended to persons with special needs. ARTICLE
28. Principles of Special Education Special Education shall be implemented based upon the general principles of education in Lithuania and the following separate principles of Special Education: 1) equal opportunities creating the same conditions for education and self-education of persons with special needs as those of other local community members; 2) integration involves self-education and education of persons with special needs together with members of the local community and equal participation in the life thereof; 3) decentralisation includes participation of the family and public and local government institutions in educating persons with special needs; 4) universality inclusive of educating all persons with special needs; 5) continuity extending self-education and education of persons with special needs throughout their lifetime; 6) succession and flexibility meaning the co-ordinated activity of the institution of general education and Special Education warranting the continuity of education and self-education of persons with special needs; 7) Educational Functionality comprising fostering of self-sufficiency and ability of persons with special needs to live within the local community. ARTICLE
29. The Tasks of Special Education The Fundamental Tasks of Special Education are: 1) to help a person with special needs to understand general human values and to cherish virtue as a necessary foundation of the democratic way of life. 2) to prepare person with special needs for independent living within the local community; 3) to provide qualified special Pedagogical Psychological Service to persons with special needs; 4) to ensure equal rights for persons with special needs, in acquiring primary, basic, secondary education and profession; 5) acknowledging abilities and capacities of children and adults with special needs, to establish opportunities for continuing education for such; 6) to provide opportunities for persons with special needs to receive integrated provision in general educational institutions. ARTICLE
30. The Group’s of Special Education Needs
31. Special Education needs shall be divided into the following groups: 1) mild; 2) moderate; 3) severe; 4) profound.
32. The groups of persons with special needs, categories of their impairment and the extent thereof shall be established and persons with special needs shall be assigned to the Special Education needs group, in accordance with the procedure jointly established by the Ministries of Education and Science, Health and Social Security and Labour. ARTICLE
33. Assessment of a Person’s Education Needs
34. The Special Education Commission of the educational institution or (and) the Educational Psychology Service shall assess the educational, psychological, medical and social aspects of a person’s special educational needs in accordance with the procedure jointly established by the Ministries of Education and Science, Health, and Social Security and Labour.
35. The Special Education Commission of an educational institution shall operate in pre-school institutions as well as in mainstream schools.
36. The Special Education Commission of an educational institution may be contacted by a child’s parents (or the child’s guardians) or, upon obtaining written consent by the child’s parents (or the child’s guardians), the teachers who are instructing the child.
37. The parents or (the child’s guardians) as well as the Special Education Commission may contact the Education Commission of an educational institution upon obtaining written consent by the child’s parents (or the child’s guardians) may contact the Educational Psychology Service. ARTICLE
38. Taking of Decision for Special Education The Special Education Commission of an educational institution or (and) the Educational Psychology Service< taking into account the person’s wishes and upon agreement by the child’s parents (or the child’s guardians) shall take decision for Special Education according to the procedure established by the Ministry of Education and Science. CHAPTER II. STRUCTURE OF THE SPECIAL EDUCATION SYSTEM ARTICLE
39. The System of Special Education
40. Special Education shall be part of the education system of Lithuania. It shall include early and pre-school education, general training, vocational, college and university education, adult education and supplementary education of persons with special needs. 2 Persons with special needs shall be educated at state, municipal and non- state institutions of all types of general and Special Education, care facilities and special and special centres for adults. Persons unable to attend educational institutions shall be instructed at home. ARTICLE
41. Early Education of Children with Special Needs For children with special needs from birth to 3 years of age, and the parents (or guardians) thereof, special educational assistance shall be provided at home, in families, care institutions for children, health care institutions and other institutions according to the procedure established by the Ministries of Education and Science, Health and Social Security and Labour. ARTICLE
42. Pre-school Education of Children with Special Needs
43. Children of pre-school age (from 3 to 6-7 years of age) with special needs shall be taught in general and special groups in pre-school educational institutions, special pre-schools schools or other institutions of Special Education.
44. Children with special needs who do not have an opportunity to attend a special pre-school educational institution, a special group of the nursery school, or other Special Education institutions everyday, may be taught in weekly groups at these institutions.
45. Children with special needs who reside in care institutions, with the exception of those who can not attend educational institutions, may from the age of 3 years be taught in nursery educational institutions.
46. Children with special needs unable to attend nursery school institutions and their parents (or the child’s guardians) shall be provided special pedagogical assistance at home in accordance with the procedure established by the Ministries of Education and Science, and Health. ARTICLE
47. General Training of Persons with Special Needs
48. General training of children with special needs shall commence from the age of 6-7 years.
49. Persons with special needs shall be given educational training in all types of schools of general educational training or special classes in mainstream schools, special schools or other special education institutions, at the corresponding level of basic vocational instruction.
50. Pupils with special needs who are unable to attend a special school or other special educational training institution, shall have the right to board free at the school.
51. Persons with special needs who live at care institutions, with the exception of those who are unable to attend educational institutions, shall from the ages of 6-7 be taught at various types of schools of general training.
52. Pupils with special needs who are unable to attend educational facilities, shall be taught at home in accordance with the procedure established by the Ministries of Education and Science and Health.
53. Duration of instruction for pupils with special needs at special schools or other Special Education institutions, may last 1-2 years longer than that of students in general classes at general education schools. The duration of instruction shall be regulated by state education plans and general regulations of an educational institution of corresponding type. ARTICLE
54. Vocational, College and University Education of Persons with Special Needs
55. Persons with special needs may acquire a profession at: 1) vocational schools: 2) vocational instruction centres and courses; 3) special schools of vocational training designed for persons with special needs; 4) special schools vocational training departments; 5) college-level schools; 6) universities.
56. In the presence of other conditions of equal admission, persons with special needs shall be admitted to vocational schools, colleges and universities on the basis of precedence. Vocational schools, colleges and universities may establish additional privilege conditions and procedure of admitting persons with special needs. 3.Vocational schools, colleges and universities shall create conditions for persons with special needs having the necessary education, to acquire an education and profession in keeping with their abilities. ARTICLE
57. Informal Education of Adults with Special Needs
58. Informal education of adults with special needs shall be organised at education centres, schools, specialised adult centres and other institutions.
59. Rehabilitation and educational institutions shall organise educational rehabilitation. It shall be conducted in an institution or (and) the person’s home. ARTICLE
60. Supplementary Education All types of educational institutions shall create the conditions necessary for persons with special needs to develop their abilities and satisfy their needs of self-expression. CHAPTER III. ORGANISATION OF SPECIAL EDUCATION ARTICLE
61. Forms of Education for Persons with Special Needs The forms of education for persons with special needs shall be as follows: 1) full integration; 2) partial integration; 3) education at institution of Special Education; 4) education at home (in instances detailed in Articles 10, 11 and
62. ARTICLE
63. The Purpose of Special Education Institutions The purpose of Special Education institutions shall be as follows: 1) to educate those persons with severe and profound Special Educational needs, which have been identified by Pedagogical Psychological services but who are unable to attend general education institutions. 2) to assist a person with severe and profound special educational needs in order to prepare him for being able to be instructed and trained at a general education institution. 3) to provide methodical assistance to teachers in general education institutions and parents (or a child’s guardians) educating persons with special needs. ARTICL E
64. Admission of Persons with Special Needs to an Institution of Special Education Persons with special needs shall be admitted to a Special Education institution in accordance with the procedure established by the Ministry of Education and Science. ARTICLE
65. Number of Persons with Special Needs in a Class, Group The number of persons with special needs in a class, group shall be established in accordance with the procedure established by the Government or its authorised institution, taking into account their Special Education needs. ARTICLE
66. Content and Educational Programmes of Special Education
67. Persons with special needs shall be instructed in general and special subjects according to the instruction plans and general and special programmes approved by the Ministry of Education and Science or approved according to its established procedure.
68. Teachers shall prepare special educational programmes for training the impaired functions of persons with special needs and, if necessary, modify general education or special education programmes and upon the recommendation by the Pedagogical Psychological Service, adapt a general education programme. They shall devise individual programmes for persons with profound needs of Special Education. ARTICLE
69. General Precepts of Organising Examinations
70. For persons holding a conclusion report by the Pedagogical Psychological Service regarding their Special Education needs, the content of basic and secondary school completion examinations and the organising thereof shall be applied guided by the requirements established by the Ministry of Education and Science.
71. Should the persons with special needs so desire, vocational schools, colleges and universities, taking into account the Special Education needs of these persons, shall adapt the procedure of organising entrance, intermediate, qualifying and state examinations. ARTICLE
72. Documents upon Completion of Educational Institution Upon completion of an educational institution or the individual levels thereof by persons with special needs, a document shall be issued, of a type similar to the sample established by the Ministry of Education and Science, attesting to the education received. CHAPTER IV PEDAGOGICAL, PSYCHOLOGICAL, SOCIAL AND MEDICAL ASSISTANCE ARTICLE
73. Special Pedagogical, Psychological and Social Assistance
74. Special pedagogical, psychological and social assistance shall be rendered to persons with special needs and their parents (or a child’s guardians) by: 1) Special Education commissions of general education institutions; 2) Pedagogical Psychological services; 3) specialised services of health care institutions; 4) Special Education institutions.
75. Special educational assistance shall be provided by special educators, having a university education and qualified for work as a teacher psychologist with persons with special needs.
76. Psychological assistance for persons with special needs shall be provided by psychologists, having at least a Masters Degree in psychology or an equivalent degree of study qualification.
77. Social assistance shall be provided by social workers.
78. Free services by teacher assistant, reader, guide and sign language interpreter shall be rendered to persons with special needs at educational institutions according to the procedure established by the Government or an institution authorised by it. ARTICLE
79. Health Care The health care of persons with special needs in educational institutions shall be performed by health care specialists in accordance with the procedure established by the Ministry of Health. ARTICLE
80. Provision of Educational Assistive Technology and Training Appliances
81. Persons with special needs shall be supplied with educational assistive technology and special training appliances in educational institutions and at home, in accordance with the procedure established by the Government or an institution authorised by it.
82. Special training appliances and educational assistive technology which are supplied to educational institutions, teachers and persons with special needs, may be kept at Special Education institutions or budgetary institutions established for that purpose. ARTICLE
83. Adaptation of an Educational Institution for Persons with Special Needs Educational institutions shall be adapted for persons with special needs in accordance with the requirements established by the Government. ARTICLE
84. Transportation to Educational Institution The founder of an educational institution shall organise free transportation to the institution and back home for persons with special needs under 21 years of age, who are unable (can not walk independently and due to very serious impairment are unsafe on the street) to reach the educational institution (with the exception of vocational schools, colleges and universities) on their own. ARTICLE
85. Participation of Non-governmental Organisations in Educational Process Non-governmental organisations may participate in organising education of persons with Special Education needs and provide financial and other assistance to them in accordance with the procedure established in their bylaws. ARTICLE
86. Scientific Basis of Special Education Science and studies institutions shall base Special Education both scientifically and methodologically upon the instructions of the Ministry of Education and Science. CHAPTER V. TRAINING OF SPECIAL EDUCATION SPECIALISTS ARTICLE
87. Special Teacher Training
88. Universities shall train special teachers in accordance with qualification requirements established by the Ministry of Education and Science.
89. Teachers lacking special teacher training who work with persons with special needs in Special Education institutions, general education institution special classes and groups, must become qualified to work as to work as special teachers in accordance with the qualification requirements established by the Ministry of Education and Science and the procedure of teacher training. ARTICLE
90. Training and Qualification Improvement of Teachers Psychologists, Social Workers of Institutions of General Education
91. The universities and colleges which are engaged in teacher, psychologist and social worker training and institutions of teacher qualification improvement, responsible for teacher qualification shall include special pedagogical and special psychology courses into study and qualification improvement programmes.
92. The procedure of teacher certification shall be defined by the certification regulations. In the process of certification of teachers and psychologists and granting them the qualification of working as a teacher, their knowledge of Special Education and special psychology shall be assessed. Chapter VI. Rights and Obligations of Persons with Special Needs, Their Parents (or the Child’s Guardians) and Teachers ARTICLE
93. Rights and Obligations of Persons with Special Needs
94. Persons with special needs shall have the right to: 1) acquire an education and be educated; 2) select a form of education commensurate with one’s abilities and an institution, with the consent of the child’s parents or guardian; 3) learn according to one’s own abilities; 4) train functions which compensate impairment; 5) learn sign language; 6) in accordance with the procedure established by laws receive financial and other support, which would create conditions to open opportunities for them and develop them; 7) obtain the services of a sign language interpreter, reader, guide, and teacher’s assistant, supplied by the educational institutions and to use assistive technology in educational institutions and at home; 8) pupils having severe and profound Special Educational needs; learn up to the age of 21 in special classes at general education institutions, special school or other Special Educational institutions.
95. Persons with special needs must adhere to regulations of educational institutions and rules of internal procedure. ARTICLE
96. The Rights and Obligations of the Parents (or Child’s Guardians) of Children with Special Needs
97. Parents of the children with special needs (or the child’s guardians) shall have the right to: 1) obtain early (immediately upon the birth of the child) continuous pedagogical, psychological, medical and social assistance at their place of residence; 2) take part in courses for parents preparing to educate a child with special needs; 3) in the presence of difficulties regarding the education of a child, appeal to the educational institution’s Special Education Commission or the Pedagogical Psychological Service; 4) take part in evaluation of the child’s Special Educational needs and obtain comprehensive information regarding evaluation results; 5) participate in the child’s education process; 6) obtain information from educational institutions and Pedagogical Psychological services, regarding the child’s education and his problems; 7) submit proposals to teachers instructing the child and heads of educational institution regarding adjustment of the pedagogical process.
98. Parents of the children (or the child’s guardians), with special needs must: 1) ensure education of the child up to 16 years of age; 2) create living and education conditions for the child suitable for his needs; 3) participate in selecting (as necessary to select) an educational training programme, form and institution for the child; 4) implement the assistance of teachers and other specialists, who provide pedagogical and psychological assistance and recommendations; 5) utilise the financial and material support provided for the child, for the purpose designated. ARTICLE
99. The Rights and Obligations of Teachers, Who Instruct Persons with Special Needs
100. Teachers who instruct persons with special needs shall have the right to: 1) receive material incentives in accordance with the procedure established by the Government or an institution authorised by it, for working with persons having special needs; 2) obtain methodological assistance in selecting and preparing special teaching material and instructional material for work with persons having special needs; 3) enjoy adequate conditions, teaching material and educational assistive devices for work with persons having special needs; 4) have a teacher assistant, if there is one or more persons (in class or group) having severe or profound Special Educational needs in class or group.
101. Teachers instructing persons with special needs must: 1) adapt educational methods, educational programme and appropriate educational devices and content for person with special needs and select suitable instruction means; 2) in experiencing difficulty concerning the child’s education and upon having obtained written consent from the child’s parents (or the child’s guardians), apply to the Special Education Commission of the educational institution, in order that it would evaluate the child’s Special Education needs and implement its recommendations; 3) co-operate with the parents of a child (or guardians of the child) with special needs consult them regarding Special Education issues and inform them regarding the child’s learning progress, difficulties and problems; 4) raise the qualifications for working with persons having special needs. CHAPTER VII. ADMINISTRATION AND FUNDING OF SPECIAL EDUCATION ARTICLE
102. The Competence of the Ministry of Education and Science within the Special Education Field The Ministry of Education and Science shall: 1) found, reorganise and liquidate institutions of Special Education under state subordination, which instruct and train persons with special needs residing within the territories of several counties; ensure the functioning and maintenance of such institutions, appoint and dismiss the heads thereof, along with other institutions authorised by the Government, ensure the education of all children with special needs up to 16 years of age at a general or special Education institution; 2) give written approval for the foundation, reorganisation and liquidation of state institutions not subordinate to the state and non-state Special Education institutions (except for those engaged in informal education) as well, the foundation, reorganisation and liquidation of municipal institutions of Special Education which provide elementary, basic and middle education; 3) establish the requirements of regulations of Special Education institutions, and pedagogical psychological services and approve the activity regulations of Special Education institutions subordinate to it; 4) approve the general content of Special Education (instruction plans, general education programmes and special education programmes, text books); 5) organise designing and publishing of the special education curricula, educational programmes, text books, educational devices and literature; 6) establish the procedure of providing special pedagogical assistance; 7) comprise commissions for preparing the content of the examinations, adapt the examination task and the procedure of examining persons having special needs. ARTICLE
103. The Competence of other Ministries, and Government Institutions in the Special Education Area Other Republic of Lithuania ministry and Government institutions: 1) may found, reorganise and liquidate controlled state vocational and vocational rehabilitation and other Special Education institutions for persons with special needs, upon obtaining written agreement of the Ministry of Education and Science. Shall appoint and dismiss the heads thereof; 2) upon co-ordination with the Ministry of Education and Science, shall approve regulations of subordinate vocational training and vocational rehabilitation institutions for adult persons with special needs. 3) upon co-ordination with the Ministry of Education and Science shall approve instruction curricula, educational programmes and text books and organise the preparation and publication thereof. 4) ensure that persons with special needs residing at subordinate care institutions, would be taught. ARTICLE
104. The Competence of County Governor in Area of Special Education The county governor shall: 1) in accordance with the procedure established by laws found, reorganise and liquidate special, state-subordinated education institutions which educate persons with special needs residing within several county areas. He shall appoint and dismiss the heads thereof. 2) found, reorganise and liquidate the state pedagogical psychological services in the county and budgetary institutions that accumulate special instruction means and educational assistive devices designated for education; 3) organise provision of special pedagogical assistance; 4) ensure that persons with special needs, residing at subordinate care facilities, be educated; 5) write a recommendation to the county government representative, in cases cited by the Law on Education, concerning the transfer of the functions of the founder of a Special Education institution to the county governor’s administration. ARTICLE
105. Competence of Local Government in The Area of Special Education The local government shall: 1) found, reorganise and liquidate subordinate Special Education institutions which provide pre-school, primary, lower secondary and secondary general education basic, and intermediate general education in accordance with the procedure established by the Law on Education and specialised institutions of vocational education in accordance with the procedure set forth in the Law on Vocational Education. It shall appoint and dismiss the heads thereof; 2) found, reorganise and liquidate municipal pedagogical psychological services; 3) see to it that all the children of up to 16 years of age, with special needs, residing within the local municipality area, shall be educated and trained at an institution of general or Special Education; 4) create opportunities for persons having severe or profound Special Education needs, to train up to the age of 21 years; 5) together with the parents (or guardians of the child) and Pedagogical and Psychological Service specialists, select the most relevant form of education for children with special needs, and see to the protection of the rights of children with special needs; 6) ensure the provision of special pedagogical assistance to children with special needs, from birth; 7) co-operate with the state Special Education institutions, situated within the municipality area; 8) ensure, that subordinate health care institutions, which identify the presence of the congenital or acquired children’s disorders, would forward information about these children to the education department of the municipality administration according to the place of residence of the child’s parents (child’s guardians). ARTICLE
106. Financing of Special Education Special Education shall be financed from the State and local budgets in accordance with the procedure established by laws. Non state institutions of Special Education hall be maintained by the founders thereof. They may obtain financial and other assistance from State and local municipal budgets, in accordance with the procedure established by the Government or its authorised institution. CHAPTER VIII FINAL PROVISIONS ARTICLE
107. Coming into Force of the Law This Law shall come into effect from September 1,
108. ARTICLE
109. Proposal to the Government To propose to the Government to adopt supplementary legal acts of the Law on Special Education. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS OF LITHUANIA