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Special Education Law, 5748-1988

חוק חינוך מיוחד, תשמ"ח-1988

Published: 1988-07-21Consolidated Hebrew text as of 2023-09-18 · Last amended 2023-11-14✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter I: Interpretation

Definitions§

1.
(a)In this Law –

"special education services" – systematic instruction, study and treatment provided under this Law to a pupil with special needs, including physiotherapy, speech therapy, occupational therapy and treatment in such additional professional fields as shall be prescribed, and including ancillary services or special services, as the case may be, all according to the needs of the pupil with special needs;

"pupil with special needs" – a person between the ages of 3 and 21 who has one or more of the disabilities listed in the First Schedule, which limits his functioning at one of the levels of functioning listed in the Second Schedule;

"disability" – physical, intellectual, mental, emotional-behavioural, sensory, cognitive or linguistic disability, or pervasive developmental disabilities;

"recognised education institution" – as defined in the Compulsory Education Law, 5709-1949;

"special education institution" – a recognised education institution in which special education services are provided, including a class in a recognised education institution in which special education services are provided;

"regular education institution" – a recognised education institution that is not a special education institution;

"MATYA" – a municipal or regional support centre in which there are provided, inter alia, information, guidance and assistance to an educational team as well as special education services to pupils with special needs; for this purpose, "educational team" – teaching staff, therapists providing para-medical services and assistants engaged in providing special education services;

"Commissioner for Equal Rights for Persons with Disabilities" – as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998;

"multi-disciplinary team" – as defined in Chapter IV-A;

"ancillary services" – transportation and escort services, meals, assistive aids, medical, para-medical, psychological and social services, and any other service that the Minister has prescribed by Order, in consultation with the Minister of Health or the Minister of Labour and Welfare, as the case may be; in this Law –

"transportation and escort services" – as defined under the Safe Transportation for Children and Toddlers with Disabilities Law, 5754-1994;

"assistive aids" – as defined under the Equal Rights for Persons with Disabilities Law, 5758-1998;

"para-medical services" – including services provided by a person who holds a certificate in a health profession under the Regulation of Practice in Health Professions Law, 5768-2008, and arts therapy;

"public organisation" – a national or local organisation of volunteers engaged in the care of pupils with special needs of a particular type or in the advancement of their interests, which the Minister has recognised by Order;

"eligibility and classification committee" – a committee appointed under section 5;

"Director General circular" – a circular of the Director General of the Ministry of Education, published on the website of the Ministry of Education;

"the Minister" – the Minister of Education and Culture.

(b)Other terms shall have the meaning they bear in the Compulsory Education Law, 5709-1949 and in the State Education Law, 5713-1953, unless a different interpretation is given to them in this Law.

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Chapter II: Free Special Education Services

Purposes of Special Education Services§

2.

The purposes of special education services are –

(1)to promote and develop the learning, skills and abilities of the pupil with special needs and his physical, intellectual, mental, social and behavioural functioning, and to impart to him knowledge, skills, life skills and social skills;
(2)to anchor the right of the pupil with special needs to equal and active participation in society, in all areas of life, and to provide an adequate response to his special needs in a manner that will enable him to live his life with maximum independence, privacy and dignity, while realising his capabilities;
(3)to promote the integration of pupils with special needs in regular education institutions.

Free Special Education Services§

3.
(a)A pupil with special needs is entitled to free special education services in his area of residence.
(b)If no special education institution is found in the area of residence of a pupil as referred to in subsection (a), the local education authority shall be responsible for providing special education services to the pupil in a suitable institution as close as possible to his area of residence, even if the institution is situated within the jurisdiction of another local authority.
(c)If no regular education institution that is a suitable education institution as defined in section 7a of the Compulsory Education Law, 5709-1949 (in this section – suitable education institution) is found in the area of residence of a pupil as referred to in subsection (a), the local education authority shall be responsible for providing special education services to the pupil in a suitable education institution in accordance with the provisions of that Law.
(d)The Minister, in consultation with the Commissioner for Equal Rights for Persons with Disabilities and with the Education, Culture and Sport Committee of the Knesset, may prescribe provisions with respect to this section.

Responsibility for Providing Free Special Education Services§

4.
(a)The State is responsible for providing free special education services under this Law.
(b)The maintenance of institutions for special education services under this Law within the jurisdiction of a local education authority shall be the joint responsibility of the State and the local education authority.
(c)A local education authority that has sent a pupil with special needs to an institution for special education services situated within the jurisdiction of another local education authority (hereinafter – the sending authority) shall participate in the costs of maintaining that institution in respect of the pupil with special needs it has sent; the Minister shall prescribe by Order the rates of participation of the sending authority; for this purpose, a local education authority shall be regarded as a sending authority even if the pupil with special needs is residing outside its jurisdiction in a hostel as defined in the Supervision of Hostels Law, 5725-1965 (hereinafter – the Supervision Law).
(d)The Minister may require a local education authority or several local education authorities jointly to open and maintain an institution for special education services for pupils with special needs who reside within the jurisdiction of that local education authority or those local education authorities.

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Chapter III: Eligibility and Classification

Appointment of Eligibility and Classification Committees§

5.

The Minister shall appoint eligibility and classification committees for pupils with special needs and shall determine their areas of operation.

Composition of an Eligibility and Classification Committee§

6.
(a)An eligibility and classification committee shall have six members, as set out below:
(1)an employee of the Ministry of Education who has expertise, experience and training in special education, and who shall be the chairperson;
(2)a representative of the local education authority who is the head of the education department as defined in the Local Authorities (Head of Education Department) Law, 5761-2001, or a person on his behalf who has experience or training in special education;
(3)two general supervisors of the Ministry of Education, one being a general supervisor for special education and the other a general supervisor for regular education, or their representatives;
(4)an educational psychologist under the Psychologists Law, 5737-1977 (in this Law – educational psychologist) on behalf of the local authority;
(5)a parent of a pupil with special needs, to be appointed by the Minister from lists submitted to him by parent organisations for pupils with special needs in the education system.
(b)The chairperson of an eligibility and classification committee shall convene the committee.

Determination of Eligibility and Classification§

7.
(a)
(1)An eligibility and classification committee shall determine the entitlement to special education services of a pupil who has one or more of the disabilities listed in the First Schedule, which limits his functioning according to one of the levels of functioning listed in the Second Schedule, and also the scope of the basket of services to be provided to him according to his level of functioning, as detailed in Part 1 or Part 2 of the Second Schedule, and according to his needs;
(2)the committee shall determine the level of functioning and the needs of the pupil in accordance with his condition in, inter alia, the following areas: cognitive, academic, linguistic, emotional, social, functional independence and organisation, and communication;
(3)in this Law, "level of functioning" – a level of functioning as detailed in the Second Schedule, according to the criteria prescribed in a Director General circular.
(b)
(1)An eligibility and classification committee that has determined the entitlement of a pupil with special needs to special education services shall furnish the pupil's parents with written information setting out the services to which the pupil is entitled to receive in each educational framework in which he studies, from among the following (in this section – educational framework):
(a)a regular class in a regular education institution in accordance with the provisions of Chapter IV-A;
(b)a class in a regular education institution in which special education services are provided;
(c)a recognised education institution in which special education services are provided;
(2)the pupil's parents shall choose the educational framework in which their child will study from among the options listed in paragraph (1)(a) to (c), and shall notify the eligibility and classification committee of their choice within 14 days from the day on which they were informed of the committee's determination as referred to in subsection (a);
(3)if the pupil's parents have not notified the committee of their choice within the period referred to in paragraph (2), the eligibility and classification committee may decide on the educational framework appropriate for the pupil; in making such a decision, the eligibility and classification committee shall give priority to the integration of the child in a regular education institution in accordance with the provisions of Chapter IV-A;
(4)
(a)if the eligibility and classification committee, relying on professional opinions from therapeutic bodies, and in respect of a pupil studying in an education institution or a rehabilitative day care centre – also on written information from the education institution or the rehabilitative day care centre, is satisfied that there is a substantial concern that placing the pupil in an educational framework in accordance with his parents' choice under paragraph (2) will cause substantial harm to his well-being or to the well-being of others, it may decide on his placement in another educational framework suitable for him;
(b)a decision of the committee as referred to in sub-paragraph (a) shall be given after the pupil's parents have been afforded an opportunity to present their position within 14 days from the date of receipt of the parents' notification of their choice under paragraph (2), it requires the approval of the Director of the Special Education Division at the Ministry of Education or his deputy, and the provisions of section 13 shall apply to it;
(c)the Minister shall submit to the Education, Culture and Sport Committee of the Knesset, annually, no later than the first of Heshvan, a report on the decisions made under this paragraph in the school year preceding the date of the report;
(d)in this section, "rehabilitative day care centre" – as defined in the Rehabilitative Day Care Centres Law, 5760-2000;
(5)the provisions of this subsection shall not apply to a pupil in respect of whom an eligibility and classification committee or the multi-disciplinary team has determined that he is entitled to an individual or group response as defined in the Second Schedule; where such a determination has been made, the pupil shall study in a regular class in a regular education institution in accordance with the provisions of Chapter IV-A.
(b1)The basket of services to be provided to a pupil with special needs whose entitlement to special education services has been determined by an eligibility and classification committee shall be set according to the pupil's level of functioning and his needs, and also subject to the inherent characteristics of the educational framework in which he studies; in this section, "inherent characteristics" – a long school day, the duration of the school year, the number of pupils in a class, meals and unique facilities of a special education institution.
(c)(Repealed)
(d)Where the matter of a pupil with special needs who has been determined by a diagnostic committee under the Welfare Law (Treatment of Persons with Intellectual-Developmental Disability), 5729-1969, to be a person with an intellectual-developmental disability has been brought before an eligibility and classification committee, the eligibility and classification committee shall take into account, for the purpose of making its decision, the determination of the diagnostic committee in his regard.
(e)The Minister, with the consent of the Minister of Finance, shall determine for each school year the budget for expanding the number of those entitled to special education and for additional instruction and study as well as for special services under Chapter IV-A; the Minister shall determine for each eligibility and classification committee the number of eligible persons it may approve in each school year, according to criteria that shall ensure that the total cost of special education for all new eligible persons does not exceed the budget to be determined as aforesaid for that year.

Referral to an Eligibility and Classification Committee§

8.

An eligibility and classification committee shall consider the matter of a person referred to it by a parent, a recognised education institution, a local education authority, a public organisation, or a person authorised for this purpose by the Minister, the Minister of Labour and Welfare or the Minister of Health.

Powers of an Eligibility and Classification Committee and Proceedings Before It§

9.
(a)An eligibility and classification committee may order any person to furnish it with any document in his possession as well as a medical or psychological opinion relating to a pupil with special needs, and to refer the pupil for further examinations as necessary, all as required for the purpose of its decision.
(b)
(1)Before a hearing of an eligibility and classification committee on the matter of a pupil with special needs who is studying in an education institution, the education institution shall furnish the committee with information about the pupil and its opinion regarding him, all in accordance with the provisions that the Minister shall prescribe for this purpose in the manner referred to in subsection (f); the information and opinion shall be before the committee at the time of the hearing;
(2)to the hearing on the matter of a pupil as referred to in paragraph (1), a staff member of the education institution in which the pupil studies who is a member of the multi-disciplinary team at the institution as defined in Chapter IV-A shall be invited;
(3)the committee shall invite the pupil's parents and the pupil and shall afford them, or a person on their behalf, an opportunity to present their arguments and to submit documents and opinions on their behalf, and shall also furnish them, no later than 14 days before the hearing of the committee, with every document in its possession that may serve it for the purposes of its deliberations or decision;
(4)the committee may invite professionals from various fields, as necessary, to participate in the committee's deliberations, including a specialist physician or a social worker as defined in the Social Workers Law, 5756-1996; if the parents of the pupil whose matter is being considered by the committee so request, the committee shall invite a specialist physician or social worker as aforesaid.
(c)
(1)The committee's deliberations shall be recorded in minutes; the minutes, medical documents and any other document in the committee's possession are confidential, but may be brought to the attention of a person whose services are required for the purpose of the decision; a person to whose attention minutes or a document as aforesaid have been brought is obligated to maintain their confidentiality;
(2)notwithstanding the provisions of paragraph (1), the minutes shall be furnished to the pupil's parents, as far as possible upon the conclusion of the hearing of the committee and no later than 14 days from the conclusion of the hearing or from the date on which the committee's decision was furnished to the parents, whichever is the earlier.
(c1)Notwithstanding the provisions of subsections (b)(3) and (c)(2), the committee may decide, in a reasoned decision to be recorded in the minutes, that a document brought before it or the minutes of the hearing, in whole or in part, shall not be furnished to the pupil's parents, if it is satisfied that the information contained therein could endanger the pupil or another person, provided that the pupil's parents shall be given that part of the minutes of the hearing in which they participated.
(d)The committee shall notify the parents of the pupil with special needs or a person on their behalf, in a reasoned written decision, of its decision and its reasons, unless the committee has decided that its decision and reasons, in whole or in part, shall not be furnished to the pupil's parents, if it is satisfied that the information contained therein could endanger the pupil or another person; however, a lawyer, educational psychologist, physician or social worker on their behalf shall in any case be entitled to inspect the minutes in their entirety.
(e)The provisions of this section shall apply to all hearings of an eligibility and classification committee, including a further hearing pursuant to a decision of an appeals committee as referred to in section 13(b)(2).
(f)The Minister, in consultation with the Commissioner for Equal Rights for Persons with Disabilities and with the Education, Culture and Sport Committee of the Knesset, shall prescribe provisions concerning the establishment of eligibility and classification committees and their rules of procedure.

Re-Hearing§

10.
(a)The principal of an education institution shall bring the matter of a pupil with special needs studying at the institution before an eligibility and classification committee for a re-hearing once every three years (hereinafter – re-hearing).
(b)A re-hearing may also be held after a shorter period than that prescribed in subsection (a), whether on the initiative of the principal of an institution as aforesaid or at the request of a parent or a public organisation, provided that one year has elapsed since the date of the decision in the pupil's matter; however, each of those listed in this subsection may bring the matter of a pupil before an eligibility and classification committee for a re-hearing once before one year has elapsed as aforesaid, or – with the approval of the District Director at the Ministry of Education – on additional occasions.
(c)(Repealed)
(d)Notwithstanding the provisions of section 9(b), at a re-hearing an eligibility and classification committee may decide on the basis of documents alone; however, at such a hearing the committee shall not have the power under section 7(b)(4).

Hearings and Decisions of an Eligibility and Classification Committee§

11.
(a)The quorum for hearings and decisions of an eligibility and classification committee is four members, including: the chairperson of the committee, the representative of the local education authority, the educational psychologist and the general supervisor for special education or his representative.
(b)Decisions of an eligibility and classification committee shall be adopted by a majority of votes of its members participating in the hearing; if the votes are equal, the chairperson of the committee shall have an additional vote.

Appointment of an Appeals Committee§

12.
(a)The Minister shall appoint an appeals committee of six members.
(b)The members of an appeals committee shall be:
(1)a district director of the Ministry of Education and Culture or his representative, and he shall be the chairperson;
(2)a district educational psychologist of the Ministry of Education and Culture;
(3)a supervisor for special education and a supervisor for regular education;
(4)(deleted)
(5)(deleted)
(6)a parent of a pupil with special needs, to be determined by the Minister from lists submitted to him by parent organisations for pupils with special needs in the education system;
(7)a representative of a public organisation from lists submitted by the public organisations to the Minister.
(c)The chairperson of an appeals committee shall convene the committee; the provisions of section 9(c), (c1) and (d) shall apply to the hearings of the appeals committee, with the necessary modifications.
(d)The Minister, in consultation with the Commissioner for Equal Rights for Persons with Disabilities and with the Education, Culture and Sport Committee of the Knesset, shall prescribe provisions concerning the establishment of appeals committees and their rules of procedure.

Appeal§

13.
(a)Against a decision of an eligibility and classification committee, a pupil with special needs, a parent or a representative of a public organisation may lodge an appeal with an appeals committee within twenty-one days from the day on which he received the decision.
(a1)An appeals committee shall invite the parents of the pupil with special needs and the pupil, and shall afford them, or a person on their behalf, an opportunity to present their arguments.
(b)An appeals committee may –
(1)allow the appeal and alter the decision of the eligibility and classification committee;
(2)remit the matter to the eligibility and classification committee for a further hearing, with or without directions;
(3)dismiss the appeal.
(c)An appeals committee shall give its decision within twenty-one days from the day on which the appeal was lodged, unless it has extended the time limit for special reasons to be recorded.
(d)A decision of an appeals committee shall be adopted by a majority of the opinions of its members participating in the sitting, provided that their number is not less than three; if the votes are equal, the chairperson of the committee shall have an additional vote.
(e)(Repealed)

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