disabilities.
107. General Comment No. 4 of the CRPD emphasizes that “the right to nondiscrimination includes the right not to be segregated and to be provided with
reasonable accommodation and must be understood in the context of the duty to
provide accessible learning environments and reasonable accommodation.”
Nevertheless, in April 2021, an incident involving a new student with a disability
who was about to start school study requested by the principal of New Taipei
Municipal Yingge Junior High School to study in another school district still
occurred.95 The principal indicated that the reason for the request was because the
school had not yet, due to terrain limitations, installed elevators, and that the
electric wheelchair used by the student was heavier than the regular wheelchairs
used by other students with disabilities. Other students could simply push students
using regular wheelchairs upstairs to their classrooms, whereas they could not do
so for this particular student. After the case was reported in the media, the New
Taipei City Government submitted a response letter to the Control Yuan, stating
that the news report was false. In May 2021, the New Taipei City Government
Department of Education helped the school apply to the MOE for funding to build
accessible elevators. The NHRC later issued a letter to the MOE asking it to
provide follow-up information regarding the aforementioned incident, to which
the MOE offered the following response: The K-12 Education Administration,
MOE had formulated the Guidelines for the Granting of Subsidies by the K-12
Education Administration, Ministry of Education to Improve Accessibility in
Schools to inform schools with improvement needs to submit applications to their
city/county governments. The city/county governments then perform a
preliminary review and forward approved applications to the K-12 Education
Administration. For urgent or special cases, special case applications may be
submitted. Although accessible campus environments have been stipulated by law
since 1997 and have been promoted for many years, Yingge Junior High School
was still under the misconception that the installation of accessible elevators could
be decided depending on actual needs rather than as a top priority. The NHRC
argues that such an act constitutes discrimination against persons with disabilities.
95
“Yingge Junior High School Recommends that a Student with a Disability Study in Another School
District Due to Lack of Elevators” reported by the China Times on April 29, 2021.
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