This summary provides an overview of the key points from the document in 3 sentences:
The document examines the evolution of special education law in Greece from 1981 to 2018, including definitions of disability and special education, the legal framework for inclusive education, and criticisms of laws and the UN Convention. It analyzes how language and procedures have changed regarding classification of students and integration approaches. The evolution has moved from segregating students to categories, to creating special classes within schools, to the current framework aiming for full inclusion of students with disabilities in mainstream education.
1. CRITICAL APPROACHES TO INCLUSIVE EDUCATION
Marilia Papageorgiou
Pre-School Education Teacher, University of East London
Abstract
This paper examines the evolution of the case law of Special Education in Greece from
1981 to 2018 and the challenge of integrating people with special needs into the school
context. Firstly, the definitions of the concepts of disability and special education are
defined. In Part 1 are presented the legal framework for the operation of integration
training with the guidelines of L.4547/2018 and the UN Convention on Disabled Persons,
at the end of the law and the contract respectively criticized. In conclusion, in Part 2 are
discussed the theories about special treatment through comparisons and criticisms.
Keywords: Integration, Disability and Special Education
1. Introduction
It is a fact that in recent years the inclusion of children with disabilities or special
educational needs in the school context is something that has occupied education.
Special Education is a demanding field of training where strong beliefs are of
principal importance (Antoniou, Charitaki & Geralexis, 2017) [1]
. This paper
examines the challenges that arise in the integration of children with disabilities or
special educational needs into the school context. First of all, are defined the
definitions of the concepts of disability and special education. Further to the paper,
the legal framework for the operation of integration education in Greece is
presented, with basic guidelines the UN Convention on Persons with Disabilities
and Law 4547/2018[10]
. Thereafter, the evolution of the case law of Special
Education from 1981 to 2018 is analyzed on the basis of specific axes such as
language use, opinion procedures, etc. Finally, it’s described the process of
including a disabled student.
In terms of disability and special education, it is commonly accepted that it is
conceptually difficult to be defined in absolute terms as many different definitions
have been formulated by many scientists. However, according to Chartokollis[4]
(1981), as reported in Zoniou – Sideri (2011a, p. 19)[23]
, disability is “an incurable
functional impairment, lack or disorder, relative or acquired, usually a result or
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2. residue of illness or accident, an anomaly that somehow prevents the fulfillment of
basic social needs, such as movement and work”. Social skills vary, depending on
the context, the time and by whom the message was sent or received
(Papalexopoulou & Charitaki, 2017)[17]
. According to Article 1 (par. 1) of Law
3699/2008[11]
, special education and training is defined as “all the educational
services provided to pupils with disabilities and identified special educational needs
or to pupils with special educational needs”. In a general context, the main objective
is to help these people with disabilities (disabled) and also with special educational
needs to join the educational framework (Michaelides, 2009)[15]
. For the purpose of
social inclusion in the school environment there should be an implementation of
inclusive education for children with special educational needs at school, thus, as its
main objective is their integration in schools (Togia, Charitaki & Soulis, 2017)[20]
.
2. The legal framework for the operation of inclusive education in
Greece, with the basic guidelines of the UN Convention on People with
disabilities and Law 4547/2018.
The term “integration” in education according to Soulis (2002)[18]
aims at the
complete development of children, and more specifically in the adoption of
behaviors such as cooperation and respect. Through integration, however, it is
required not only the socialization of children through cooperation but also their
individual development. Integration is not only about people with formal
development but also about people with disabilities, which should also be included
in the school context.
In Greece, based on Law 4547/2018[10]
, the promotion of inclusive education for
people with disabilities is achieved through the Centers for Educational and
Counseling Support, the Regional Centers for Educational Planning and the
Educational Project Coordinator. Additionally, decisive role in integrating people
with disabilities into the school context has the parallel support and integration
sections, whose operation seems to have remained the same as in the previous law
(Law 3699/2008)[11]
.
Centers for Educational and Counseling Support through the diagnosis of each
disability or learning disability, as well as its degree, aims at integrating these
people into both the general educational process and the social development, by
limiting as far as possible their exclusion. Once the diagnosis has been completed,
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3. some support programs are proposed, implemented either by formal and special
educators or by parents or by the Center for Educational and Counseling Support
staff within the organization itself. Counseling seems to be important in order to
support parents to cope with behavior (Charitaki, Marasidi, & Soulis, 2018)[3]
and
other problems. It is also proposed that the person's structure of either general or
special education should be recorded and that the progress of the individual should
be recorded as well with constant monitoring and evaluation with the cooperation of
the director and the teachers. In addition, the Centers of Educational and Counseling
Support, where necessary, are able to send a report to the School Buildings
Organization for the reconstruction or conversion of school buildings and, in
general, to propose changes to the day-to-day structures of people with disabilities
in order to facilitate their entry into them. It is very important for all members of the
interdisciplinary team to under-stand and appreciate the role of all of the people
involved. In order to obtain a more comprehensive view of the child’s needs, there
should be cooperation be-tween the interdisciplinary team and the children
(Charitaki, Antoniou, Soulis, & Koutsikou, 2018)[2]
.
It is also crucial to suggest a different way of examining people with learning
disabilities but also with disabilities to go from primary to secondary and later to
tertiary education. In addition, the Centers of Educational and Counseling Support
are supposed to support the family and the school environment in which disabled
people are included through the organization of meetings so that both teachers and
parents are informed about disability. Finally, Centers’ Educational and Counseling
Support competences include the proposal of modern pedagogical methods with the
main aim of increasing the functionality and socialization of the disabled with the
rest of the students within the framework of the general class.
Regarding to the Regional Centers for Educational Planning, their main mission is
to support, monitor and coordinate the educational work of both public and private
schools as well as the laboratory centers. At the same time, they are responsible for
the coordination of Centers of Educational and Counseling Support, training centers
for sustainability and laboratories of natural sciences. Finally, they provide
educational and scientific support to public and private education teachers through
their training. The Regional Centers for Educational Planning are staffed by
educational project coordinators who are teachers of all disciplines and their term of
office lasts three years. Each coordinator is scientifically responsible for matters
that concern his / her industry for all but the school units and the laboratory centers
that are included in the respective Regional Centers for Educational Planning.
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4. In terms of Integration Teams, it is in the same context as the general school and
their aim is to help students with learning disabilities, in cooperation with Centers
of Educational and Counseling Support providing specialized programs, as well as
students who are not diagnosed with a disability or learning disability from Centers
of Educational and Counseling Support or some other organization but need help. It
is important to note that the functioning of the integration sections within the
general school presupposes the existence of three incidents that need help, and when
some schools are cohabiting and joining the Integration Teams, the number of pupils
should not exceed 12. In conclusion, as far as the parallel support is concerned, it is
implemented by specially educated specialists on a permanent basis and the main
objective is to help people with disabilities to attend the formal curriculum.
(N.4547/2018)[10]
.
Concerning the criticism of the aforementioned law, due to the creation of many
Centers of Educational and Counseling Support, many organizational positions were
provided for inclusive education, and many areas were served near the large urban
centers where there were no medi – pedagogical centers and centers for diagnosing
learning disabilities and disabilities in general. Thus, there seems to be a
willingness on the part of the state and great efforts have been made to integrate
people with disabilities into the school context.
In an international context, the UN Convention on the Rights of Persons with
Disabilities ensures institutionally and legally that these individuals will enjoy all
the fundamental rights and freedoms and which they are entitled to (Nicolaides,
Mizamtsi & Mourouzis, 2012)[16]
. The articles of the abovementioned Convention
have been drawn up on the basis of its principles of non –discrimination, respect for
dignity, autonomy, independence and the possibility of individual free choice,
participation in society, respect for the diversity of people with disabilities, equal
opportunities and equality between men and women, and respect for both the
possibility of development and the right to preserve the identity of people with
disabilities.
According to the Article 24 of the Convention on education[22]
, States Parties
recognize the right to education of persons with disabilities by forming and ensuring
a multi-level educational integration system aimed at the full development of
children with disabilities and the achievement of above principles. In particular, to
ensure the above right, people with disabilities are normally included in primary and
secondary education and are not excluded from general education depending on
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5. their disability. In addition, they receive the necessary support in the general
education system in order to make their education more effective and provide
personalized support programs for the individual so that they can have access to
higher education and vocational training something that their full integration is
aimed at, which is also mentioned in Articles 26 and 27 of the Convention.
Moreover, in Article 9 other communication measures such as learning Braille for
visually impaired people as well as sign language for deaf people are taken. A
decisive role in the educational, occupational and social inclusion of people with
disabilities has both the training and the sensitization of teachers at all levels.
According to Article 9 of the Convention22]
, measures are being taken by the
Contracting States to provide equal access for persons with disabilities to other
members of society in public transport, technology, communications and, more
generally, all services and the structures provided to all citizens that aim at the
independent living of people with disabilities.
Article 4 refers to the general obligations that States Parties have to take on persons
with disabilities. In Article 8 is mentioned the awareness and awakening of both the
society and the family environment in order to eliminate prejudice against these
individuals and Article 16 refers to the protection of persons with disabilities from
all forms of exploitation (L.4074/2012)[8]
.
Law 4488/2017[7]
gives some instructions for the application of the aforementioned
Convention so as not to violate the rights of persons with disabilities and to ensure
their participation in the citizenship of the country as well as to the other members
of society. Article 61 of this law mentions some measures to be taken for disabled
people by the competent legal bodies. Article 62 highlights the importance of
integrating disability into public policies and Article 64 ensures the accessibility for
people with disabilities in both the physical and the electronic environment.
Additionally, the importance of awareness raising, information and training on
issues pertaining to the rights of people with disabilities is mentioned in this law. In
conclusion, some central points of reference for controlling the implementation and
promotion of the contract are defined and the Counsel of Citizen is designated as an
independent authority (L.4488/2017)[7]
for this purpose.
Regarding the criticism that could be applied in the UN Convention on the Rights of
Persons with Disabilities, it is clear that they wish to join the Contracting States in
the wider society and in the educational process, recognizing all their acquired
fundamental rights. It is important, however, to mention that in Greece, with the
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6. introduction of Law 4488/2017[7]
, equal opportunities in the wider society and
education are ensured, as measures are taken to control the promotion and
implementation of the Convention.
3. Thematic analysis of the evolution of the case law of Special
Education in Greece from 1981 to 2018 on the basis of the following
axes: use of language, procedures of accreditation, emphasis on general
education.
In a general context since 1950, different concepts have emerged for people with
disabilities, their education and their integration into the wider social context. In
particular, Greece after post-transition, following the international developments, as
well as the worldwide interest in people with disabilities, adopted practices and took
measures aimed primarily at strengthening special education and training (Soulis,
2002)[18]. Thus, in an institutional and legal framework with Article 16 §4/1974,
the “right of the disadvantaged child” is constitutively enshrined.
The institution of integration in Greece is linked to Law No.1143/1981[12]
"on
Special Education, Vocational Training, Employment and Social Care of Deviates
from Normal Persons", which is the first comprehensive law on special education
and according to it, the state seems to have officially assumed its duties in relation
to disabled people, whose opinion is made by the “Coordination and Advisory
Council for Special Needs Education”. This law governs principles of equal
opportunities, social and school integration, as well as social and professional
rehabilitation (Tzouriadou, 1995)[21]
. More specifically, in accordance with Article 3
of this Law, specific frameworks are instituted in special schools or parallel
departments, classes and groups operating in “normal primary, secondary or
vocational education schools” (Zoniou – Sideri, 2012, p.127)[25]
. Nonetheless, the
distinction of children in “normal” and “abnormal” was evident as integration was
sought through the creation of specific structures to be attended by "divergent"
rather than by attending and joining the general school Zoniou – Sideri, 2012)[25]
.
Additionally, children were classified into categories of problem children, which
leads them to marginalization rather than integration, since the special education
was not linked to the general education of the children of formal development. For
this reason, Law No. 1143/1981[12]
was strongly criticized as the separation of
students into “normal” and “divergent” but also the categorization of the
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7. “divergent” according to the problem they presented led to the multiple separation.
Lastly, it is important to note that this law greatly strengthened private initiative
(Zoniou – Sideri, 2011b)[24]
.
In 1984 a draft law was drawn up, which is also known as “instead of 309”, in
which special education, as opposed to Law 1143/1981[12]
, was dealt with as part of
general education. More specifically, it is Law 1566/1985[13]
in which the special
education is referred to a different chapter. At a linguistic level, it appears that using
the municipal, opposed to the curatorship used in Law 1143/1981[12]
, the style
changes significantly, while the term "deviating from the normal" it is replaced with
the term "disabled". With this particular law, the willingness to integrate children
with special needs into mainstream schools was also evident, as well as the attempt
to eliminate the segregation of children with disabilities or special needs and of
children of formal development by creating special classes within the general
education schools Zoniou – Sideri, 2011b)[24]
. This law has several positive
arrangements, such as that private schools are in the public sector, that children in
special schools will be taught a foreign language, and that the creation of
educational books using Braille for blind people will be provided. (Stasinos,
2001)[19]
. In spite of the aforementioned positive arrangements, this law has
accepted criticism as it seems that only those students who were already included in
the general education could attend this (Zoniou – Sideri, 2012)[25]
. It is obvious that
in this law wasn’t provided the creation of a special educational department at the
Pedagogical Institute, the postgraduate studies in the special education sector were
not instituted, nor did it provide the training of secondary education teachers on
special education issues. Moreover, according to Stasinos, (2001)[19]
, the Ministry of
Education wasn’t responsible for the counseling of the disabled and for their
medical diagnosis, but the Ministry of Health and Social Welfare (Stasinos,
2001)[19]
. Finally, the Schools of Special Education and Training, through this law,
assumed a large part of the responsibilities, while the main actors of the disability
movement and the parents did not have an active and meaningful engagement.
Finally, additional Presidential decrees of the law were not issued at regular
intervals (Law 1566/1985)[13]
.
At the end of the 1980s two more laws were passed, Law 1824/1988[9]
, according to
which the teaching aid for specific classes for elementary and high school students
with learning difficulties was instituted and Law 1771/1988[5]
, in which the way of
entering the Higher and Highest Educational Institutions of the country of the
disabled (Zoniou – Sideri, 2011b)[24]
.
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8. Several years later, Law 2817/2000[14]
was voted, which, according to Soulis
(2002)[18]
, sought through the state the effective integration of special education into
the productive process and of the disabled people themselves in society. In this law,
the terms of special education are reformulated, focusing on the educational needs
of people with disabilities rather than on the causes of their disability, taking
measures for pre-school children with special educational needs and for those who
have completed compulsory education. It also promotes integration practice as parts
of integration are established in general education, the special school is limited only
to students with serious problems and difficulties, while the institution of “traveler
educators” is established. At the same time, individualized programs for each and
every disabled child are created with the main objective of integration and
assistance (Zoniou – Sideri, 2011a)[23]
and the operation of Centers for Assessment
and Support for Diagnosis is set up at the headquarters of each prefecture of the
country. In addition, sign language is recognized and considered to be the official
language of the deaf, the Special Education Department is established at the
Pedagogical Institute, new specialties are created for special education staff and
teaching is provided through modern technologies for people with special needs.
However, it seems that this law also has some weaknesses with the main
accumulation of the Centers for Assessment and Support for Diagnosis in large
urban centers, which has as its main effect the isolation of inaccessible regions,
province and islands. Still in this law there are several positive elements that,
through a modern perspective, shape special education and education. Nevertheless,
it seems that a complete educational system is created alongside the public. In
addition, the terms used are distinguished by ambiguity and scientific inaccuracy,
and the measures proposed resemble a policy that existed before 1989
(L.2817/2000)[14]
.
The next law is Law 3699/2008[11]
, which expresses the commitment of the state to
the safeguarding and upgrading of the compulsory nature of special education and
training in order to achieve its aims such as the provision of free public special
education and training for disabled people of all ages, for all educational levels. In
addition, the purpose of special education is to ensure equal opportunities for people
with disabilities or established educational needs for full participation but also
contribution to society, independent living, economic self-sufficiency and
autonomy, fully guaranteeing their rights to education, as well as professional and
social integration. Finally, as a whole, the state, agencies and officials must realize
that as part of human nature, disability should not allow the deprivation of human
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9. rights as social entities. The aims of special education are both the all-round and
harmonious development of the personality of pupils with special educational needs
and disabilities. Another important objective is their integration into the educational
system, social life and professional activity corresponding to their capabilities. It
also seeks to improve and exploit opportunities and skills to enable them to integrate
or reintegrate into the general school where and when it is possible. Last but not
least, mutual acceptance and harmonious cohabitation with the community as well
as the equal social development of disabled students is important in order to ensure
their full accessibility as well as to teachers and parents and guardians with
disabilities in all services and goods. The above objectives are achieved through
early medical diagnosis, diagnosis and assessment of the specific educational needs
of the Centers for Diagnosis and Support for Differentiating Diagnosis and public
pediatric centers, systematic intervention from pre-school age at the local centers of
support for special education, the creation of early intervention departments and
finally the implementation of specific educational programs and rehabilitation
programs. Another key factor in achieving the objectives of Special Education is the
adaptation of educational and web material, the use of special equipment including
electronic and software and the provision of all kinds of facilities and ergonomic
arrangements by the School Special Education Units and the Centers for Diagnosis
and Support for Differentiating Diagnosis (L. 3699/2008)[11]
.
In addition, according to Article 39 of Law 4115/2013[6]
, “Primary and Secondary
Education Issues” are regulated. Initially, School Education and Support Networks
are created, following a decision by the Regional Education Director. The main
purpose of School Education and Support Networks is to include and integrate
pupils with special needs into the general school context, as well as to coordinate
school work and to enhance collaboration to respond to the specific educational
needs of students. There is also support for Integration Team, parallel support,
inclusive and home-based teaching, but also a Diagnostic Educational Assessment
and Support Committee, which is the main tool for diagnosing and assessing the
special educational needs and learning disabilities of students. Some of Diagnostic
Educational Assessment and Support Committee's responsibilities are to refer pupils
to the Centers for Diagnosis and Support for Differentiating Diagnosis when the
difficulties of integration, learning or behavior in the school context remain despite
the support they receive at school. Moreover, the social worker and the psychologist
of Diagnostic Educational Assessment and Support Committee can advise on issues
of integration of pupils with special educational needs and disabilities in the general
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10. school and according to the UN International Convention, Diagnostic Educational
Assessment and Support Committee will operate following the adoption of their
rules of operation and full staffing by the appropriate professionals (L.4115/2013)[6]
.
According to the most recent law (N.4547/2018)[10]
the diagnosis of a disability or
learning difficulties is carried out by the Centers for Educational and Counseling
Support, which replaced the Centers for Diagnosis and Support for Differentiating
Diagnosis. It seems that this law greatly promotes inclusive education for people
with disabilities or learning difficulties, and their progress in the school context is
sought through parallel support and integration. Additionally, the Regional Centers
of Educational Planning, which support the educational work of both public and
private schools, are also responsible for the coordination of Centers for Educational
and Counseling Support with a key role coordinator of the educational project. The
operation of the parallel support of the integration teams remains the same as in
L.3699/2008[11]
as well as the operation of the Centers for Educational and
Counseling Support with the Centers for Diagnosis and Support for Differentiating
Diagnosis (L.4547/2018)[10]
.
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