No Justifiable Reason for Separate Classes or Additional Charges
The National Human Rights Commission of Korea (NHRCK) ruled on the 6th that the school's restriction on a disabled student's participation in after-school horseback riding classes constitutes discrimination.
The NHRCK's Committee for the Elimination of Discrimination against Persons with Disabilities stated, "We recommend that the respondent and the chairperson of the respondent school's operation committee prepare measures such as securing educational support personnel to enable the participation of students with disabilities when planning after-school programs."
The NHRCK judged that the elementary school principal A, the respondent, attempting to conduct the horseback riding class separately due to the victim's level of disability and the need for additional personnel, and charging the additional personnel costs to the victim, constitutes discriminatory acts under the Act on the Prohibition of Discrimination against Persons with Disabilities.
The victim, who has autism spectrum disorder, applied for the after-school horseback riding class but was rejected on the grounds that the horseback riding institution did not have a therapeutic riding instructor. The victim's parents objected to the school's decision. In response, the school proposed a separate horseback riding class with additional personnel, with the cost to be borne by the victim.
The NHRCK stated, "Initially, horseback riding education was planned to be conducted according to individual levels, and a separate track was prepared within the riding center for students requiring individual guidance. Considering that the respondent school's after-school program is not only about cultivating skills or competencies in a specific field but also about interaction and mutual learning with other students, there is no justifiable reason to claim that the victim must be separated into a different class."
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