Enforcement Rules of the Special Education Act Article 8
Article 20, Paragraph 3 of the Act states that when the legal representative or actual caregiver of an adult student, or a student or preschooler does not give their consent to the conducting of an identification and placement procedure, preschools and schools up to and including senior secondary level shall report the matter to the competent authority.Before any school up to and including senior secondary level undertakes the reporting of the matter to the competent authority referred to in the preceding paragraph, the school shall first report the matter to the school’s special education implementation committee to give it an understanding of the reasons. After it has been confirmed that a person is someone who should be identified as requiring special education but such identification has not occurred, the matter shall be reported in accordance with the procedures established by the competent authority for the school.
中文原文 特殊教育法施行細則第8條
本法第二十條第三項所定成年學生、學生或幼兒之法定代理人或實際照顧者不同意進行鑑定安置程序時,幼兒園及高級中等以下學校應通報主管機關。
高級中等以下學校辦理前項通報主管機關前,應先提報學校特殊教育推行委員會瞭解原因,經確認屬應鑑定而不鑑定者後,再依各該主管機關所定程序通報。
高級中等以下學校辦理前項通報主管機關前,應先提報學校特殊教育推行委員會瞭解原因,經確認屬應鑑定而不鑑定者後,再依各該主管機關所定程序通報。