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Article 24 Education

263. Equal rights and availability of education for all implies the application of inclusion measures in the educational practice.

264. The concept of the educational system in the Republic of Serbia has been organized through organizational units outside the seat of the Ministry of Education – School Administrations (18), which are in charge of performance of professional pedagogic supervision, provision of support to development planning and provision of quality work of the relevant institutions and performance of other jobs established by law in their own territories. 52

Note #52
Mentally challenged children have been included in the system of pre-school education, in regular groups, as well as in special (progress) groups, and the exercise of the right to education has also been provided for children at hospital treatment. Within the pre-school programme, regular educational programmes of activities have been accomplished, whereas other specific and specialized programmes may also be accomplished, in accordance with the needs and interests of children, parents and in compliance with the facilities of the children's nurseries and local self-government. In the republic of Serbia there are 159 state pre-school institutions located in 2,364 buildings and 57 private ones. In places where there are no nurseries, preparatory pre-school programme has been implemented at primary schools. 189 nurseries are located at primary school buildings. The total percentage of coverage of children of all ages has been increasing all the time (according to the data provided by the Ministry of Education, it was 32% in 2002, and it was 47.37% in 2009).
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265. Within the system of education in the Republic of Serbia, and pursuant to the Law on Fundamentals of the Education System (LFES) no differences in education between children and pupils with disabilities and other children and pupils are allowed. By-laws and other acts regulate the measures ensuring equality in education and availability of education to children and pupils with disabilities in the same manner as to other children and pupils.

266. The Law on Fundamentals of the Education System (LFES), the Rulebook on Additional Educational Health and Social Support to Children and Pupils and the Rulebook on Detailed Instructions for the establishment of the right to an individual educational plan, its application and grading have provided the right of children and pupils with disabilities to assessment of additional support they need in education, in order to ensure more effective education and better inclusion. Based on the above mentioned documents, measures have been undertaken in order to make it possible to identify early disabled children, pupils and other persons and their educational needs with the aim that they accomplish their rights to complete education, qualifications, employment and independence.

267. The experts requiring special skills in the field of Braille alphabet, sign language, magnifying and alternative communications, mobility and in other fields have been trained at the Faculty for Special Education and Rehabilitation, and persons having experience from the Association for Blindness and Low Vision, the Association of Deaf and Hard of Hearing and other associations. Also, the experts from the schools for children with disabilities may also be engaged as associates in these fields, under the request of pre-school institutions and other schools.

268. The Law on Fundamentals of the Education System (LFES) prescribes that educational activities for the persons using the sign language and special alphabet or other technical solutions, respectively, may be carried out in the sign language and by means of the language concerned (Article 9 paragraph 4).

269. The Law on Fundamentals of the Education System (LFES) prescribes that educational activities shall be accomplished in Serbian language (Article 9). For the members of national minorities educational activities shall be carried out in their mother tongues. In exceptional cases, they may be carried out bilingually or in Serbian language, in accordance with a separate law. Educational activities may also be carried out in a foreign language and bilingually, respectively, in compliance with this Law and other law. Educational activities for the persons using the sign language, and special alphabet or other technical solutions, respectively, may be carried out in the sign language and by means of the language and alphabet concerned.

270. In addition to training of experts who will work with children/pupils with disabilities and persons with disabilities at the Faculty for Special Education and rehabilitation, some programmes have also been accredited at other faculties where the teaching personnel is trained to work in the educational system, which means that persons with disabilities shall be also included into the educational system, as the experts to work at the institutions of the system.

271. In the educational system of the Republic of Serbia, as one of the tasks to be fulfilled is the setting up of the Uniform Information System, which should include the data about children, pupils and students, including also the data about children with disabilities.

272. In view of the autonomy of the University, the Ministry of Education and Science does not possess the data about the number of enrolled disabled students, the number of disabled students already studying as well as about the number of graduated disabled students at main, master, specialized and doctor studies.

273. The Law on Fundamentals of the Education System (LFES), the Rulebook on Additional Educational Health and Social Support to Children and Pupils and the Rulebook on Detailed Instructions for the establishment of the right to an individual educational plan, its application and grading provided undertaking of measures to identify early disabled children, pupils and other persons and their educational needs with the aim that they accomplish their rights to complete education, qualifications, employment and independence.

274. The organizations of civil society point out that in spite of advanced legal regulations requiring inclusion of children with intellectual difficulties (as well as of all other vulnerable groups) into the regular educational system, the majority of these children placed at the social protection institutions shall remain outside the educational system. Some institutions have been undertaking steps to include a certain number of children with minor difficulties into special schools, which is certainly insufficient as long as there are children not receiving any education. For many children at the institutions parents do not fulfil parental duties and exercise rights, and custodians are often employees of the social welfare centres thus not having sufficiently close relations with or interests in children. The Republic of Serbia has been making efforts with the aim to overcome the above mentioned conditions, for which aim concrete measures were undertaken by the Ministry of Labour and Social Policy and the Ministry of Education.

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