한미 양국의 통합교육의 법적 비교 = The Legal Comparison of Integrated Education Between the United States and Korea

국문 초록 (Abstract)

본 논문은 미국과 한국의 특수교육 법률 중 통합교육 관련 규정에서 효과적인 통합교육을 위한 정책과 절차의 수립, 통합교육의 개념, 대안적 배치선택, 보충자료와 서비스, 통합교육의 배치결정, 비학업적 장면, 전문인력의 양성과 연수, 통합교육에 관한 장학활동, 통합교육의 시간기준, 통합교육에 기초가 되는 원리 등을 중심으로 비교하였다.

다국어 초록 (Multilingual Abstract)

The United States has developed special education from segregated education to integrated education. The Education for All Handicapped Children's Act was passed in 1975 and it required that to the maximum extent appropriate children with disabilities are educated with children without disabilities in general education classrooms. This is called 'mainstreaming'. The goal was to merge general and special education to create more unified system of special education. These effort was termed the regular education initiative(REI).
There was another integrated school movement called inclusion which was required to meet educational needs of all students without relation to disabilities and abilities. This integrated school movement was progressive but did not promote full inclusion. Through these movements the integrated education became the norm of special education in the United States.
Dr. Hall initiated integrated education for blind girls in Pyeongyang in the beginning of 1900's. This integrated education was supplemented by resource room model.
The Chungju School for the Blind placed its graduates into general middle and high schools in 1950's and early in 1960's.
The integrated education requirements were included in the Promotion Act of Special Education but its requirements did not have enough contents to implement integrated education.
In comparison with special education laws, regulations, and rules between the United States and Korea the results are following:
1. In IDEA 97 each state shall demonstrate to the satisfaction of the Secretary that the state has in effect policies and procedures to ensure that it meets the requirements of integrated education. But there are no such requirements in our special education law.
2. In IDEA 97 each public agency shall ensure that to the maximum extent appropriate children with disabilities are educated with children who are nondisabled. In our law it simply refers to integrated education that children with disabilities are placed in general education classroom.
3. In IDEA 97 children with disabilities shall be placed in special classes and separate schools only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services can't be achieved satisfactorily. But there is no such requirement in Korean law.
4. In IDEA 97 resource room or itinerant instruction is used as supplementary service for integrated education. But special class is used as supplementary service in Korea.
5. In IDEA 97 IEP team determines that children with disabilities shall be placed into general education classrooms in conformity with integrated education. But there is no such provision in our law.
6. In IDEA 97 each public agency shall ensure that each child with disability participates with nondisabled children in nonacademic and extracurricular services and activities to the maximum extent appropriate to the needs of that child. But there are no such provisions in our law.
7. In IDEA 97 each state shall establish the comprehensive system of personnel development to ensure an adequate supply of qualified special education, regular education, and related services personnel. The state must have on file with the Secretary policies and procedures relating to the establishment and maintenance of personnel standards to ensure that personnel are appropriately prepared and trained.
Special education lectures should be included in the contents of special education teachers' seminars in Korea.
8. In IDEA 97 a public agency places children with disabilities in segregated classes, the state education agency shall review its justification for the actions and assist in implementing corrective action. But there are no such provisions in our law.
9. In the United States, when children with disabilities are educated in the general education classrooms more than 40% of school day, it terms integrated education and when they are educated in the general education classrooms less than 40% of school day, it terms segregated education. But we do not have such a time standard in Korea.
10. In IDEA 97 there are six principles such as a free, appropriate public education, appropriate evaluation, individualized education program, the least restrictive environment, procedural due process, and participation of parents and students to reinforce the integrated education. But there are no such requirements in our law. In the results our integrated education is quite different from that of the United States.

목차 (Table of Contents)

• I. 서론 21
• II. 통합교육의 발달 과정 23
• III. 통합교육의 법적 규정 26
• IV. 결 론 30