身心障礙學生平等權之保障：兼論融合教育及評量調整之法制基礎

The Protection of the Equity Right of Students with Disabilities: A Discussion of the Legal Basis of Inclusive Education and Assessment Accommodation

身心障礙者係為多元社會中的成員，其應與其他成員一樣享受自由學習和工作等之生活，惟其活動事實上易遭受各項社會因素之阻礙。本文研究目的乃為使身心障礙學生能夠儘可能開展其天賦與人格，因而以平等權保障為題，藉由解析聯合國《身心障礙者權利公約》（Convention on the Rights of Persons with Disabilities, CRPD）有關平等權之規定與內涵，說明融合教育之法制基礎，並從爭議性之評量調整議題，具體呈現融合教育和身心障礙學生平等權所面臨的困境，以及相關法律論述。本文最後提出修法建議，包括於《教育基本法》中明定國家保障身心障礙學生平等參與學習之原則、於《特殊教育法》中明訂評量調整之種類與限制，以及逐步增訂保障各類身心障礙學生具體權益之法規。

As part of our diverse society, students with disabilities should also be able to learn freely and to work as the others do. However, their activities have been prone to the hindrance of all kinds of social factors. The purpose of this study was to allow students with disabilities to develop their gifts and personalities as much as possible, and therefore the protection of equity right was taken as the topic. By analyzing the articles and contents of the Convention on the Rights of Persons with Disabilities, the legal basis of inclusive education was explained, and the difficulties faced by the promotion of inclusive education and the equity right of students with disabilities and relevant legal discussions were substantially presented with the focus on assessment accommodations, which was one of the controversial issues. In the final part of the paper, several suggestions were proposed for the amendments to the laws and regulations concerning the principles of our country for protecting the equity of students with disabilities in the participation of education specified in the Educational Fundamental Act, the types of and restrictions on assessment accommodations specified in the Special Education Act, and the regulations protecting the substantial rights of students with disabilities that were gradually made and amended.