Project for Special Education Law

Project is initiated and proposed by IRSCA Gifted Education, President Florian Colceag.


The Universal Declaration of Human Rights proclaims, and the Education for All Act reasserts, the right of each child to education.

The present Law Project is based on the Convention on the Rights of the Child, to which Romania adhered in 1990 (see Law 18/ 90, published in the Official Gazette of Romania, no. 314/ June 13, 2001.


Article 29 of the Convention on the Rights of the Child :

1.States Parties agree that the education of the child shall be directed to: (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;[...]].

The dramatic changes in our social and economic environment have pushed tuition into a top five global priority. The Internet, the free flow of labor force, financial crises, global warming and such like, spin each of our lives round on a daily basis. With each child there is a world to save; so child centered education looks like the only yellow brick road home.

Child centered education comes neither easy nor cheap. But at the end of the day, pay-off exceeds expectations, in terms of curbing risks (like teenage delinquency), pushing employment rates high and increasing labor and labor market quality, by plus creativity, plus motivation, plus teamwork spirit, social awareness, respect for craftsmanship... all such and more, as a result of plus education.

The community of the underage with special education needs are a growing population today, and hard core statistics show that their education costs less than to support them uneducated. Rational sharing of costs for specific special needs yield better education quality and generate specific projects, than can be ulteriorly implemented for general education. Special education is thus proven economically efficient, socially balancing, ethical at all times and a champion of education for all.

In many countries of the world, such minority goes up to a quite sizable percentage. On a Gaussian populace distribution curve, exceptional children may not go up to much; or, on the contrary, they can amount to a significant number, under special circumstances, due to increased hazard emigration, children on the street and in special care homes, dysfunctional families, or underprivileged children.

Gifted children may also not march in in large numbers; but they constantly prove invaluable to the labor market, being therefore entitled to special educational programs.

Although the present project is focused on the underprivileged who need special education, it can be extended to the whole of the underage population group, by the transfer of expertise and valid data thus begot, in esteem for the true educational unit of the educators’ community, i.e. each child’s unique exceptionality.

All formal tuition systems and schools need to find their ways in reaching each child, on a range from the least, to the best equipped for life. The consensus is launched for the exceptionalities to be placed within more or less homogeneous majorities, a concept generally known as inclusion. By generating the inclusive school and by practicing child centered pedagogy, inclusion is aimed at the success of each child, coming to terms with their personal (dis)abilities.

Not only do inclusive schools generate specific programs and quality education for all; but, equally important, but they also help generate friendly communities, curbing discrimination: an inclusive society may be the far end of educational success; hopefully not one too far. The realist thing to do for the schools aiming at inclusiveness is to allow and support them to be the best pilot projects in their areas, as they will develop the sanest expertise, which will progressively enlarge and disseminate as life will ask for, in a natural vital process.

Adequate funding needs be provided for the training of regular teachers in order to support “resource centers”, as well as “resource teachers” and educators trained to teach special education in special education schools. Adequate logistics also need to be provided in an inclusive system: such major challange practically asks for all types of authority to contribute, local to central plus various intermediate.

Change of social prospect is imperative. For much too long have both the disabled and the (intensely) gifted been discriminated and confronted with a society focused on their being different rather than on their potential, thus disability, rather than success, being generated.

We still ignore how many (intensely) gifted we target. Our data say that about 20% of Romania’s middle-school graduates do not make it into high school; and that over 50% of the high school juniors are functionally illiterate (see PISA report): enough to prove the imperativeness of reconsidering the concept of special educational needs, not only of the disabled or the gifted underage, but also – as complementary programs – for the statistic middle of Gaussian populace bell curve, i.e. about 60% of total school age students. Adding up an extra 10% of not registered, 2 to 4%, of gifted and intensely gifted, about 4% of deficient and a few others, an incredible minimum 75% of the total underage is reached, to define the target group of special educational programs.

It goes without saying that nonexistent inclusive education programs can only result in inefficient investment in education, no matter how large the investment. Targeting fulfillment of every child’s potential, inclusive education is the solution to the problem defined as 75% of total graduates unprepared for the labor market; and as over 50% of the (over)gifted staying undeclared (underground) or performing as downright underachievers, clearly in bad need of style and topic specific educational programs and curricula.

We need to develop an efficient, skilled, moral, socialized, tolerant, expert, labor force for our future, by curbing school failure, regardless of its cause - cultural segregation (of the uprooted), poverty, geographical isolation or disability, social ousting or any other.

We need to educate all of our children for a friendly, tolerant and integrative society. Exsertion of human dignity and of human rights is measured by the degree to which a person acts in, and is accepted by, his or her community group; if the persons are underage, education respects their dignity and rights by equitably valorizing them through adequate educational strategies.

Future integration of these children into the labor market costs a lot less than supporting them under segregation, while valorization of the gifted yields huge economic benefit.

Worldwide technical cooperation and support agencies of education for all need to implement special education programs into each and every sustainable development projects.

We need to develop international standards for our telecommunication technologies, respectively their appurtenant infrastructure, in order that universal accessibility be granted to all.

Art.1. Underage/trainees needing special education shall be defined as such persons exceptional for being: (intensely)gifted; disabled (in body/mind/the senses); underprivileged by their position on the map; in culture; as social and financial status; for living in a country different from their original; belonging to any type of otherwise constituted minority; who need special educational programs, to complete or wholly substitute basic education.

Art 2. Where actually feasible, the underage needing special education shall have the right to choose their educational specific paths; hence the right of such persons’ parents to have a say in selecting the educational paths best fit for their progeny, all background circumstances considered, as well as needs and aspirations; when such latter right cannot be exserted, or if ulterior assessment (as per Art...) declared unfit the program the underage attends, provisions of Art... shall be enforced.

Art. 3. The trainees’ assessment of didactic development shall be by transfer credits.

Art. 4. The underage needing special education shall be granted the right to individual curriculary paths.

Art. 5. The underage needing special education shall be grouped and integrated into regular schools, based on their abilities, never based on personal disabilities or other exclusion criteria, such as sex, race, age, religion, social standing, culture, or any other type of segregative minority (i.e. trainees coming from underprivileged milieus, under crisis risks, from isolated regions, and such like).

Art. 6. Child centered education shall provide both instruction in a number of school subjects, and as feasibly flexible specific path education: of personal ethics, development and abilities, of social abilities and of abilities requested by the labor market; such instruction, by programs for the pedagogics of exceptionality, shall be offered in specialized centers, created for such purpose.

Art. 7. The underage manifesting disability or learning difficulty, shall benefit from curricula designed for their specific functional litteracy, as requested by the labor market.

Art. 8. (Intensely) gifted trainees shall benefit from curricula designed to maximize their respective native potential.

Art. 9 The underage needing special education shall have a right to be integrated into, and attend any proximal regular, or special school, whichever deemed as best fit.

Art. 10. The underage needing special education, specifically both the (intensely) gifted and those manifesting disability, shall be trained as per special educational programs designed to balance their disabilities, respectively best valorize their gifts, so that such trainees be able to acceed most easily the labor market; such positive approach of the trainees’ complementary abilities, shall hold over the whole of the educational path.

Art. 11. Integration of all and any trainees under special education into community shall be done through co-operation with the trainees’ families, targeting societal/economic/cultural (and other) units; integrative process shall be monitored by educational programs.

Art. 12. Education programs need to be designed for the entire community, and shall be efficiently (in)formative, pro-active and knowledgeable, aimed against prejudice; staff for the purpose shall be trained to assist community members as the case may be.

Art. 13. Special education units, such as schools, after school and camps, or any other organization running special education valorization and development programs/projects, shall be set up and controlled for efficiency, so that exceptionalities be provided with a controlled friendly communication milieu, where they can exceed themselves and best perform in the fields of their best ability or excellence;

(a) The inclusive schools dedicated to the underage manifesting sensorial disability shall develop special education programes aimed at developing their abilities through specific communication means.

(b) Education centers dedicated to exceptionality understood as excellence, such as art schools, ballet, music, sports, science, technology, architecture, leadership, management, and such like, shall develop programs designed for the valorization and maximization of such trainees’ professed excellency.

(c) Any other type of exceptionality shall be included into regular schools, inclusive through the special education integrative programs they provide, for optimal social integration; which, moreover, shall, upon request of educators and/or (foster) parents, provide further special compensatory programs, as per the trainee’s specific needs.

Art. 14. We understand exceptionalities as the underage who:

(a) are unable to attend school, for poor health and living in isolated comunnities;

(b) live in the street, or in otherwise (cultural/economic/social) underprivileged milieus, for whose satisfactory integration on-line educational programs need to be designed, to be implemented in educational centers, i.e. outside school, after school or itinerant, except where nearby schools equipped for special educational programs already exist, which such underage can and should attend;

(c) are (intensely)gifted, as signalled out in a simple/double/multiple exceptionality groups; or delinquent; or on the street; for whose satisfactory integration, special educational programs, paths and education units need to be provided.

Provision (d). Special education programs shall be extended to regular schools, upon request and as limited by decision making authority of such education units.

Art. 15. The underage needing special education shall be trained as per didactic ethics: no harrassment and/or aggression shall be permitted, whether by words, acts or attitude; protective formal, non-formal, informal and special educational methods will be used instead, as best fit to develop the trainees’ abilities and character traits; these shall be implemented by teachers trained especially for special education and paid along principles based on assessed performance data.

Art. 16. Th present Law shall be be understood as a founding act of a regional integration monitoring department of all and any underage needing special education, which shall:

(a) implement special educational programs adequate to each special needs category;

(b) monitor program implementation, as to cost/quality efficiency of graduate trainee.

(c) co-ordinate and control development of regional underage needing special education;

(d) co-ordinate/control co-operation of health/social/employment services.

Art. 17. Central government shall monitor the spending of both home and foreign funds dedicated to special education; while the same authorities shall co-work with international partners, granting conformity to national policies and priorities of education for all in the spending of such funds; planning and implementation of special education and tangent to education programs shall benefit from bi/multilateral support agencies partaking in the decision making process regarding national policies for special education.

Art. 18. The trainees in need of special education shall not be expected to adapt to their attended schools’ requirements; conversely, the schools’ requirements will be elastic enough to accomodate them, by speeding/compressing/extending their curricula, and/or any other way meeting the needs and abilities of the underage needing special education. Such specific curricula shall be under current and permanent negotiation among teachers, students, parents and local community authorities. Special education paths will be selected for the best interest of trainees, as befitting such trainees’ specific profiles and as expressedly requested by themselves and/or their legal tutors or (foster) parents, in educational units equipped for the (intensely) gifted/disabled, for social/economic/cultural reinsertion and schools benefitting of specific programs designed to meet above quoted targets.

Art. 19. School Communities can and shall adopt complementary curricula, besides the nuclear curricula and the curricula ad libitum; such complementary curricula shall identify, monitor, train and valorize the trainees’ skills/excellency begot in formal/informal/non-formal media.

Art. 20. Complementary assessment systems shall be adopted as follows:

a) school communities can and shall adopt, besides the routine grading of trainees, formal complementary assessment systems, aimed mainly at certifying the trainees’ expertise, aquired in formal/informal/non-formal media; school communities shall counsel all-type trainees in their personal development, whether community inclusion, volunteering/charity/other, or personal career building, coping with next education level/ social activity project, design/ integration into labor market, and such like.

b) complementary assessment systems shall materialize into recordings of trainees’ proficiency, as provided by Law 87/2006 on learning quality, whether these be portfolio/complementary grades and/or descriptive extras of the type: qualificatives, extra-grading, itemized expertise/units, various extra performance data, recordings of activity from trainee-centered services/and/or processes and such like actual results that make a difference by targeting the holistic development of trainees into coherent balanced free human beings living their personal lives, producing added value and excerting themselves in the public space, as per expectations, demand and (special)needs of each, also as per Education Objectives and Targets provided in separately devised program documents/organic laws.

Art.21. The Romanian Center for Equal Opportunities, Inclusion and Differentiated Education (RCEOID) which shall be set up to such purpose, shall design nuclear/ complementary curricula, as well as assessment nuclear/complementary systems; RCEOID shall also co-ordinate schools, after school, camps or any other (non)registered entity associated to special needs projects/programs of development/ valorization/ training/ counseling.

Art. 22. Central/regional/local bodies/authorities - providers of nuclear/ad libitum curricula designing/consultancy, as well as associated assessment services, shall co-operate with RCEOID based on accurately defined conventions and agreements, targeting the inter-balancing of nuclear, ad libitum and complementary curricula, as well as the harmonization of the National Unified Assessment System, controlled by CNCEIP, with complementary assessment systems, as provided by Art.23 b.

Art. 23. All Romanian citizens shall be held liable for their own education; liabilities shall be monitored by specific laws applicable to the education unit, which, however, cannot be held liable for meeting, per se, all education needs of the underage; the education unit shall be understood as the formal education provider; equally important for the development of the underage’s exceptionality, are School Community, no less than Life, in its entire complexity, as basic informal and non-formal education providers.

Art. 24. The Council Board of education unit shall bear the responsibility of promoting the schools’ image and activities and disseminating special education research expertise and relevant data. Evidence and schools records shall be held in the school archive. The headmaster of the school unit shall inform students of their grades.

Art. 25. The trainees’ development data, whether current or at end of level/ school cycle/ school, shall be classified, unless explicitely stated otherwise, by the trainee himself, or by both (foster) parents and /or legal owners, as the case may be.

Art. 26. Special education shall be integrated with the research institutes and the curricula development centers’, programs; teachers shall teach and design research projects; pilot projects and fundamental research shall be launched as trend setters, supporting advisers and decision makers for the future; such study and experiments can and shall be developed based on international co-operation.

Art. 27. On-line educational programs shall be designed, to implement in educational centers such as outside school, after school or itinerant, except where nearby schools equipped for special educational programs already exist, which such underage can and should attend to satisfactory integration, for the underage living in isolated locations, in bad health or in any type of underprivileged milieus such as cultural/economic/social.

Art. 28. The Central Government shall locally bid for the programs of agencies specialized/ accredited for special education, targeting maximal development of each trainee’s potential.

Art. 29. The Romanian State, through its tuition ministery, shall be held liable for the implementation of early education and support programs.

Art. 30. The education unit shall mainly focus on educating its trainees into graduates able to integrate into next level education system and/or into the community life.

Art. 31. The (intensely)gifted and/or talented in any field and performing highly or manifesting excellent abilities, whether in school, the formal medium, or outside it, in informal or non-formal media, shall benefit from such curricula designed to enhance their special abilities to the maximum possible, through individualized educational paths; all underage under special education shall benefit from specific systems of transfer credits.

The financing chapter:

Art. 32. Provisions of local and of central Government (by appurtenant ministery) shall grant the inclusion of all special education trainees into the national/local special education programs.

Art. 33. The financing of education shall be per student, regardless of the fact that he/she is attending a public or a private school; both public and private schools shall undergo training-the-trainers programs and provide special needs education programs for the trainees.

Art. 34. Local and central Goverment shall finance special education programs and/or tangent to such; for the designing and implementing thereof, support agencies, bilateral or multilateral, shall agree upon special education national policies.

Art. 35. Resources allotment per education unit will sensibly consider specific money shares required, so that all trainees may benefit, according to specific needs and backgrounds.

Chapter: Instruction/ Training-the Trainers

Art. 36. Provisions of local and of central Government (by appurtenant ministery) shall grant inclusion of all special education trainers into the national/local special education programs.

Art. 37. Special education trainers shall be assessed yearly, by a board of experts clearly mandated as per implementation methodology.

Art. 38. Assessment procedures shall be reconsidered yearly, so as progress of the trainee can clearly be kept track of, in the best interest thereof.

Art. 39. The Romanian State, through its ministries and specific governmental agencies shall be held liable for the implementation of such support technology that may be needed by special education systems.

Art. 40. Certified staff trained in special education shall be appointed in the board of educational units that address special needs; the staff shall be under the obligation of permanent personal up-dating and up-grading, as provided by such units, and shall also decide on the programs to select; and, twice a year, they shall report funds allotment and educational programs’ advance.

Art. 41. For as long as (support) special education trainers work in a specific educational unit, such trainers shall benefit of yearly on-and-on instruction and education, as per the latest special programs.

Art. 42. In all training-the-trainers’ centers for special educational programs, particular dedication shall be given to instruction aimed at developing the trainer’s autonomy and flexibility in up-dating and up-grading education programs and learning methods, so as to meet the trainees’ needs, as agreed with other experts and/or the trainees’ ()foster) parents; special education expertise will be considered at all times when educator is assessed and certified.

Art. 43. The trainig-the-trainers process shall be reconsidered for enabling the educators to perform as major agents in special education programs, in a variety of centers; such educators shall equally develop an inclusive view, spanning the gap in-between the (intensely)gifted and the underpriviledged, before specialising in one or more narrower areas of such; trainig-the-trainers in regular schools shall be set as a priority un such education units, for special education programs adequate to such school’s all-type trainees.

Art. 44. The present Law shall be understood as a founding act of a University of Permanent Education of the Educators, apt to open departments for sustainable pedagogic education in all other universities from Romania and co-working with central and local RCEOID (Roman Center for Equal Opportunities, Inclusion and Differentiated Education) units; such universities shall assist the development of special education, as academic research, assessment, training-the-trainers and design of educational programs/logistics, in county departments, subsidies in county capitals and agencies in county key centers.

Art. 45. Central and local authorities shall be held liable for hiring staff such as a social worker, a social pedagogue and/or a sociologue for each education unit, in order to control, instrument and solve the units’ social cases.

Art. 46. Formal, informal and non-formal general topic personal programs shall be designed to meet undiscriminatedly each trainee’s potential needs, thus educating the whole of the society; The Public Authority for Child Protection shall be held liable for co-ordinating co-operation of private organizations supportive of educational programs, especially professional integrative projects, of the underage.

Art. 47. Education units shall provide each trainee with a personal monitoring tutor, so that personal advance along special education programs can be kept track of; (intensely)gifted trainees shall also benefit from mentoring tutors, the school psychologists or the teachers specialised in the trainees’ excellence field.

Art. 48. Special needs education programs and/or of recoup therapies shall be designed, as befitting, considering specific (dis)abilities; such therapy and enhancement programs shall be person centered, so as to meet each trainee’s specific gift.

Art. 49. Adopted curricula shall consider at all times the specific emotional side of the educational process, which any type of exceptionality generates; special needs education shall be taught by well trained pedagogues and experts; for such underage’s satisfactory integration, as live in the street, or in otherwise (cultural/economic/social) underprivileged milieus, on-line educational programs need to be designed, to implement in educational centers, i.e. outside school, after school or itinerant, except where nearby schools equipped for special educational programs already exist, which such underage can and should attend.

The central/local Government shall organize local bidding for the accredited (non)governmental associations expert in special education that are to implement educational programs, in order to ensure the best quality of services and to enhance each trainee’s full development and personal potential.

Art. 50. Through its national and local educational units, the Central Government shall design educational politicies and enhance co-working with the underage’s parents for the adoption of adequate policies and the legal enforcement thereof; in homes, social (foster)parents will be initially assessed and permanently trained for expertise in overall child science and (current) legislation of rights and liabilities.

Art. 51. Local authorities shall actively support inclusive education, for meeting equal opportunity and differentiated education-for-all requirements; such authorities shall also enhance community partaking by initiating programs/local prized competions of gift and excellency, meant to support the trainees’development of skills/excellency.

Art. 52. The community, as active partners-for-education – such as organizations for (intensely)gifted education, for the all-type special needs underage, for the imigrant – and such like NGOs, shall be entitled to take responsibility for designing, implementing, monitoring and periodically revising educational programs, aimed at increasing the quality of educational processes, products and services; such partnership shall also provide nation-wide/ local financial support and/or in-kind.

Chapter: Volunteering

Art. 53. NGO’s and voluntary teams shall get support in developing their creative ad assistance actions, as they are more readily apt to act in quick response to the actual needs, and be catalysts or innovators; also apt to disseminate expertise thus begot into ever larger circles of community;

Specific organizations of excellence controlled by gifted persons with decision-making power, shall be consulted as to the needs-map, priority-setting, services administration, performance assessment and change-management.

Art. 54. Education units dedicated to the underage in need of special education shall own all of the buildings they use in their (after)school activity.

Art. 55. Solidary consortiums of co-working ministeries (e.g. tuition and culture, tuition and labor, youth and health, industries etc.), local/territorial authorities, educational units (e.g. arts schools and homes), highly specialised organizations, public/private/local/national/international units and bodies shall tank their respective human, logistic, institutional, financial, and other resources, in order to maximize the impact thereof by approaching special education conjointly; such large co-operation shall be run by expert managerial structures, so that an efficient control of co-action can be reached.

Art. 55b.

World (non)governmental (inter)regional/dual organizations shall co-operate to significantly support inclusive schools develop; based on such expertise, such bodies are expected to co-work, in order to:

* design and implement pilot projects meant to reveal/develop a national scope for novelty, where logistics for strategic fields of intervention will support such amplifying effect;

* design common special educational activity, under existant regional partnership mechanisms, or equivalent;

Such activity shall be expected to engage present day factual possibilities, up-to-date expertise and national development prospects for the future.

Art. 56. International organizations shall set regional exchange programs and dissemination of data from special education pilot programs as a priority mission; a database can be set up, of inclusive education international progress and standards like full observance of rights, equity, education for all, labor market integration; for which purpose existant international/regional structures shall be reinforced; such structures shall extend their activity to fields such as education politicies, curricula designing, training-the-trainers assessment, general assessment of specil education staff, such as teachers, assistants, psychologists, special education counsellors, experts in (institutional)inclusive and differentiated education, policymakers, promotors, researchers, experts in assessment of (special)education process/services/products, and other such like.

Art. 57. International co-operation, within or/and outside the EU bodies, shall support the development of regional/international professional associations, aiming at the up-grading of special education, issuing/circulating magazines, organizing world/regional seminars/conferences – e.g. EU regional ministerial confernces, which shall hold special education as an integrative topic, never as a segregation issue.

Art. 58. States Parties shall organize, harmonize, monitor and finance all the private agencies’ various programs, in consistency with the education units’ and homes’ needs; they shall also support financing of transfer and dissemination exchanges, aimed at generation of a better quality education for all.


1. Law 17 /2007

2. Law 448 /2006

3. Law 87/2006

4. Law 18/1990 – Convention on Rights of the Child, published in Monitorul Oficial, no. 314/ 13.06.2001)

5. Pennsylvania Department of Education, Gifted Guidelines, 2004:

6. ACT 48, Professional education plan guidelines

7. North Carolina State Government, General Statutes, Chapter 115C., Elementary and Secondary Education. ARTICLE 9B.

8. Parliament of Australia, Inquiry into the Education of Gifted and Talented Children:

9. British Columbia, Special Education Law, August 23, 2006:

10. General Administrative Procedures for State-Assisted Gifted Programs, 2005-2006:

11. Universal Declaration of Human Rights:

12. Lisbon Strategy:

13. Universal Declaration of the Rights of the Child (art. 27, 28, 29):

14. Recommendation 1248/1994 of Parliamentary Assembly of Council of Europe:

15. Government of Australia, Gifted 2006 – concepts, challenges and realities:

16. Austega's Gifted Resource Centre:

17. Department of Education & Training, Victoria, Australia:

18. Legislation:

19. Gifted Education:

20. Gifted Education in Victoria:

21. Parliament of Australia, Senate Standing Committee on Employment, Workplace Relations and Education. Submission: Inquiry into the education of gifted and talented children:

22. Australian NSW Assn. for Gifted & Talented Children Inc., The Report of the Senate Select Committee on The Education of Gifted & Talented Children: A Ten Year Report Card:

23. Education Legislation in England and Wales 1996, chapter 437-443, see also chapter 192-198 of Act 1993)

24. The Salamanca Statement and Framework for Action on Special Needs Education, 1994, UNESCO, Spain.

25. Millennium development objectives - European Developments Day 2007, Committee of the European Parliament.

26. Guidelines on self-evaluation for providers of basic skills tuition to adults 2002, Grundtwig program

27. Guidelines on Inquiry and Polls Administration for Mapping Basic Skills Learning Needs 2002, Grundtwig Program


29. Education Today, in Romania, ICE, 2007

30. Quality Education Equal Opportunities for the Romany Population, Open Society Institute, 2007

31. Primary and Middle Special Education, at the end of 2007-2008/ start of 2006-2007.

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