07:49 | 23/07/2024

Standards for Job Positions Supporting the Education of Disabled Persons in Public Preschools Effective from December 16, 2023: What Are They?

Employment position quotas for supporting the education of disabled individuals in public preschools from December 16, 2023, are what? Your question from T.Q in Ha Noi.

What is the staffing norm for positions supporting the education of children with disabilities in public preschools starting from December 16, 2023?

Based on the provisions of Clause 2, Article 5 of Circular 19/2023/TT-BGDDT regarding the staffing norms for job positions under specific professional titles as follows:

Staffing norms for job positions under specific professional titles

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2. Job positions supporting the education of children with disabilities:

a) For preschool institutions with children with disabilities integrated into general education: Educational institutions with fewer than 20 children with disabilities integrated into general education are allocated 01 staff member; educational institutions with 20 or more children with disabilities integrated into general education are allocated a maximum of 02 staff members. When a group/class has 01 child with disabilities integrated into education, the number of children in that group/class is reduced by 05. Each group/class should not have more than 02 children with disabilities integrated into education.

b) In cases where staffing cannot be arranged to fulfill the role of supporting education for children with disabilities, a labor contract or part-time teachers should be allocated.

Thus, based on the aforementioned regulations, the staffing norm for job positions supporting the education of children with disabilities in public preschools is as follows:

- For preschool institutions with fewer than 20 children with disabilities integrated into general education: 01 staff member is allocated.- For preschool institutions with 20 or more children with disabilities integrated into general education: A maximum of 02 staff members are allocated.

*Note: When a group/class has 01 child with disabilities integrated into general education, the number of children in that group/class is reduced by 05. Each group/class should not have more than 02 children with disabilities integrated into general education.

Staffing norm for job positions supporting the education of children with disabilities in public preschools from December 16, 2023

Staffing norm for job positions supporting the education of children with disabilities in public preschools from December 16, 2023

How many levels of disability are stipulated by regulations?

According to the provisions of Article 3 of Decree 28/2012/ND-CP, the levels of disability are as follows:

Levels of Disability

1. Severely disabled persons are those whose disabilities result in complete loss of function, inability to control or independently perform daily living activities such as mobility, dressing, personal hygiene, and other tasks related to basic personal needs, requiring total supervision, assistance, or care.

2. Persons with serious disabilities are those whose disabilities result in partial loss or reduction of function, inability to control or independently perform some daily living activities such as mobility, dressing, personal hygiene, and other tasks related to basic personal needs, requiring partial supervision, assistance, or care.

3. Persons with mild disabilities are those who do not fall into the categories defined in Clauses 1 and 2 of this Article.

Thus, according to the aforementioned regulations, there are three levels of disability:

- Severely disabled persons: Those whose disabilities result in complete loss of function, inability to control or independently perform daily living activities, requiring total supervision, assistance, or care.- Persons with serious disabilities: Those whose disabilities result in partial loss or reduction of function, inability to independently perform some daily living activities, requiring partial supervision, assistance, or care.- Persons with mild disabilities: Those who do not fall into the above two categories.

How is the level of disability determined?

Based on the provisions of Clause 3, Article 4 of Decree 28/2012/ND-CP, the level of disability is determined as follows:

Determining the level of disability

1. The disability assessment council, based on the regulations in Articles 2 and 3 of this Decree and direct observation of the disabled person performing simple daily living activities, utilizes a set of questions based on medical and social criteria and other methods as prescribed to determine the level of disability, except as stipulated in Clauses 2 and 3 of this Article.

2. The medical examination council determines and concludes the type and level of disability for cases as stipulated in Clause 2, Article 15 of the Law on Persons with Disabilities.

3. Disabled persons who have had a conclusion from the medical examination council about their ability for self-care or reduced working capacity before the effective date of this Decree will have their disability levels determined by the disability assessment council based on the medical examination council's conclusion as follows:

a) Severely disabled persons are those concluded by the medical examination council to be unable to self-care or to have a loss of working capacity of 81% or more;

b) Persons with serious disabilities are those concluded by the medical examination council to be able to self-care if assisted partially by others or tools, or to have a loss of working capacity from 61% to 80%;

c) Persons with mild disabilities are those concluded by the medical examination council to be able to self-care or to have a loss of working capacity below 61%.

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Thus, the level of disability is determined as follows:

- Severely disabled persons: Determined by the medical examination council to be unable to self-care or to have a loss of working capacity of 81% or more.- Persons with serious disabilities: Determined by the medical examination council to be able to self-care if assisted partially by others or tools, or to have a loss of working capacity from 61% to 80%.- Persons with mild disabilities: Determined by the medical examination council to be able to self-care or to have a loss of working capacity below 61%.

Circular 19/2023/TT-BGDDT will take effect on December 16, 2023

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