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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

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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.

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Chapter IV: Studies in a Special Education Institution

Duration of the School Year§

14.

The Minister, with the consent of the Minister of Finance, may prescribe that the school year in special education institutions, all or some of them, shall be extended beyond a regular school year; the Minister may also prescribe that studies in such institutions shall be held also during regular school holiday periods.

Long School Day§

15.
(a)The Minister, with the consent of the Minister of Finance, may prescribe a long school day in special education institutions, all or some of them, and the number of study hours in such a school day.
(b)The Minister shall prescribe the ancillary services required as a result of maintaining a long school day.
(c)A prescription as referred to in subsections (a) and (b), in respect of a special education institution situated in a hostel serving as a place of residence as defined in the Supervision Law, shall be made in consultation with the Minister of Labour and Welfare.

Teachers§

16.
(a)A teacher in a special education institution shall be a qualified teacher with training in special education or a teacher who has received a temporary permit from the Director General of the Ministry of Education and Culture to serve as a teacher in a special education institution.
(b)Nothing in subsection (a) shall prevent the employment of a person who is not a teacher as referred to in subsection (a) as an assistant to a teacher in a special education institution, as the Director General of the Ministry of Education and Culture shall determine.

Class§

17.

The Minister, with the consent of the Minister of Finance, shall prescribe by Regulations the maximum number of pupils in a class of a special education institution, according to the type and character of the institution.

Non-teaching therapists§

18.
(a)The Minister may prescribe standards and professional criteria for psychologists and for persons in para-medical and other professions who are not teachers and who are employed in special education; a prescription as aforesaid with respect to standards shall also require the consent of the Minister of Finance.
(b)Persons in professions as referred to in subsection (a) shall hold the authorisation or licence required in their profession, as the case may be.
(c)Treatments provided under this Law in the field of physiotherapy, occupational therapy or speech therapy shall be provided by a physiotherapist, an occupational therapist or a communication clinician, as the case may be, as defined in the Regulation of Practice in Health Professions Law, 5768-2008.

Individual study programme§

19.
(a)At the beginning of each school year and no later than two months from the commencement of the school year or from the date of determination of the eligibility and classification of a pupil with special needs, whichever is the later, the treatment team in the special education institution shall determine an individual study programme for each pupil with special needs studying in that institution; where an individual study programme has been determined for a pupil in the education institution in a previous school year, the treatment team in the institution shall continue to implement it in the following school year as well, until a new programme is determined under this section.
(b)For the purpose of determining the individual study programme, the pupil with special needs and his parents shall be invited and shall be entitled to present their submissions in person or through a representative on their behalf; a copy of the individual study programme shall be transferred to the parents of the pupil.
(c)In this section, "individual study programme" – a programme describing the level of functioning and needs, including with respect to adaptations in learning planning and adaptations in methods of evaluation and measurement, of the pupil with special needs at the time of its preparation, goals and objectives, the period of time for their attainment, the means required for their attainment and criteria for reviewing their attainment.

Summative assessment§

20.

At the end of the school year, the parents of a pupil with special needs studying in a special education institution shall receive a written assessment of the extent of the pupil's progress in various areas, with reference to the individual study programme.

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Chapter IV-A: Integration of a Pupil with Special Needs in Regular Education

Definitions§

20a.

In this Chapter –

"integrated pupil" – a pupil with special needs who is entitled to free education under section 6(a) of the Compulsory Education Law, 5709-1949, in respect of whom one of the following applies:

(1)an eligibility and classification committee has decided on his entitlement to special education services, and his parents have chosen that he study within a regular education institution in a regular class under section 7(b)(2), or an eligibility and classification committee has decided on this under section 7(b)(3) or (4);
(2)the multi-disciplinary team in the institution has determined his entitlement under section 20d;

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

"education worker" – a person engaged in teaching or education in an education institution;

"special services" – transportation and escort services, assistive aids, support services, psychological services, para-medical 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;

"the integration programme" – the programme determined by the Minister under section 20c.

Entitlement of a pupil with special needs within regular education§

20b.

An integrated pupil is entitled, within the framework of his studies in a regular education institution, to a supplement of instruction and study as well as to special services under the provisions of this Chapter (in this Chapter – the entitlement).

Integration programme§

20c.

The Minister, with the consent of the Minister of Finance, shall determine a programme for the integration of pupils with special needs in regular education institutions; the programme shall also include the manner of allocation of resources to regular education institutions.

Multi-disciplinary team§

20d.
(a)In a regular education institution there shall operate a multi-disciplinary team whose functions shall be:
(1)
(a)to determine the entitlement to special education services of a pupil in the education institution 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 that entitle to an individual or group response as defined in that Schedule, as well as the scope of the basket of services to be provided to him according to his level of functioning, as detailed in Part 1 of the Second Schedule, and according to his needs;
(b)the multi-disciplinary team shall determine the level of functioning and 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;
(2)to determine the composition of the basket of services of an integrated pupil in accordance with the needs of the pupil;
(3)to determine the individual educational programme of an integrated pupil under section 20g.
(b)
(1)The following is the composition of the multi-disciplinary team:
(a)the head of the regular education institution, and in an education institution that is a kindergarten – a representative of the MATYA, who shall be the chairperson;
(b)the class teacher or the kindergarten head of the pupil;
(c)an educational psychologist or an educational counsellor;
(d)a teaching staff member from the field of special education or a representative of the MATYA who is an expert in the disability of the integrated pupil;
(e)for the purpose of determining the composition of the basket of services under subsection (a)(2) and determining the individual educational programme under subsection (a)(3) – also the parents of the pupil, who shall have one vote;
(2)the summoning of the pupil to the deliberations of the multi-disciplinary team, including the manner of summoning, shall be determined in cooperation with the parents of the pupil.
(c)Where the regular education institution has both an educational psychologist and an educational counsellor, the educational psychologist shall be the member of the multi-disciplinary team; where the institution has neither an educational psychologist nor an educational counsellor, the member of the multi-disciplinary team shall be an educational psychologist or educational counsellor appointed in accordance with the provisions prescribed by the Minister under subsection (h).
(d)Decisions of the multi-disciplinary team shall be adopted by a majority of votes; where the votes are equal, the chairperson shall have an additional vote.
(e)The multi-disciplinary team shall determine its rules of procedure to the extent that these have not been prescribed by Regulations.
(f)The multi-disciplinary team shall deliberate on the matter of a pupil in the regular education institution upon a request by a parent, an education worker in the regular education institution, a local education authority, an eligibility and classification committee, or a person authorised for this purpose by the Minister or by the Minister of Labour, Welfare and Social Services.
(g)The multi-disciplinary team shall give the parents of the pupil an opportunity, before its decision, to present their submissions in person or through a representative on their behalf.
(h)The Minister, in consultation with the Commissioner for Equal Rights for Persons with Disabilities and with the Education, Culture and Sports Committee of the Knesset, shall prescribe provisions regarding the establishment of multi-disciplinary teams and their rules of procedure.

Appeal to an eligibility and classification committee§

20e.
(a)A pupil or a parent may file an appeal against a decision of the multi-disciplinary team to an eligibility and classification committee, within 21 days from the day on which he received the decision of the team in writing; an eligibility and classification committee may accept the appeal, remit the matter to the multi-disciplinary team for further deliberation, with or without directions, or reject the appeal.
(b)An eligibility and classification committee shall give its decision within 21 days from the day on which the appeal was filed, unless it has extended the period for special reasons that shall be recorded.
(c)The provisions of sections 9 and 11 shall apply to deliberations before an eligibility and classification committee.

Teachers and non-teaching therapists§

20f.

The instruction, study and special services under section 20b shall be provided to an integrated pupil, within the framework of his studies in a regular education institution, by teachers as referred to in section 16 and by non-teaching therapists as referred to in section 18.

Individual educational programme for an integrated pupil§

20g.
(a)
(1)Upon the commencement of an integrated pupil's studies in a regular education institution, and at the beginning of each school year, no later than two months from the commencement of the school year or from the date of determination of the eligibility and classification of the pupil, whichever is the later, an individual educational programme shall be determined in the regular education institution, in accordance with the provisions of subsection (b), for each integrated pupil studying in that institution; where an individual educational programme has been determined for a pupil in the education institution in a previous school year, the institution shall continue to implement it in the following school year as well, until a new programme is determined under this section;
(2)the individual educational programme shall be determined, to the extent possible, with the aim of integrating the pupil in the regular curriculum, according to the needs of the integrated pupil and having regard to the types of his disabilities, their severity and his age, all within the framework of the integration programme determined under section 20c and according to the decision of the eligibility and classification committee or the multi-disciplinary team.
(b)
(1)The multi-disciplinary team shall determine the individual educational programme; for the purpose of determining the individual educational programme, the parents of the integrated pupil and the pupil himself shall be invited to present their submissions and they are entitled to present their submissions in person or through a representative on their behalf;
(2)a copy of the individual educational programme shall be transferred to the parents of the integrated pupil.
(c)In this section, "individual educational programme" – a programme describing the level of functioning and needs, including with respect to adaptations in learning planning and adaptations in methods of evaluation and measurement, of the integrated pupil at the time of its preparation, in the areas in which he is to be treated, and which sets for him goals and objectives, the period of time for their attainment, the means required for their attainment and criteria for reviewing their attainment.

Summative assessment for an integrated pupil§

20h.

At the end of the school year, the parents of an integrated pupil shall receive from the regular education institution in which he studies a written assessment of the extent of the pupil's progress in various areas, with reference to the individual educational programme.

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Chapter V: Miscellaneous

Amendment of the Compulsory Education Law§

21.

In the Compulsory Education Law, 5709-1949, sections 4a to 4e, 6(a1) and 9 – are repealed.

Savings provisions§

22.
(a)This Law comes to add to what is stated in any law and not to derogate therefrom.
(b)Health services provided under this Law are not health services for the purpose of section 3(a) of the National Health Insurance Law, 5754-1994.

Implementation and regulations and amendment of the Schedules§

23.
(a)The Minister is charged with the implementation of this Law and may make Regulations with respect to anything relating to its implementation.
(b)The Minister, in consultation with the Commissioner for Equal Rights for Persons with Disabilities and with the Education, Culture and Sports Committee of the Knesset, may, by Order, amend the First Schedule and the Second Schedule.

Commencement and application§

24.
(a)The provisions of this Law with respect to –
(1)the provision of special education to pupils with special needs at the age of three and four or at an age exceeding eighteen years;
(2)the provision of ancillary services,

shall be applied gradually, commencing from the school year 5752, pursuant to Orders to be determined by the Minister, with the consent of the Minister of Finance, for each of the said matters, in whole or in part, provided that the application shall be completed no later than the beginning of the school year 5759.

(b)Sections 14, 15, 17 and 18 shall apply from the school year 5752 onwards.
(c)Notwithstanding the provisions of subsections (a) and (b), during the school years 5750 and 5751, an experiment in the application of the provisions referred to in subsections (a) and (b), all or part of them, shall be conducted in two areas to be determined by Order made by the Minister with the consent of the Minister of Finance, all in the scope, conditions and qualifications to be determined in such Order.
(d)The commencement of the remaining provisions of this Law shall be six months from the day of its publication.

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First Schedule (the definition "pupil with special needs", and sections 7(a) and 20d(a))

First Schedule (the definition "pupil with special needs", and sections 7(a) and 20d(a)) — table
Column A Type of DisabilityColumn B The Professional Authority Whose Diagnosis or Opinion is Admissible
Borderline intellectual functioningEducational psychologist, developmental psychologist or clinical psychologist
Intellectual and developmental disabilityThe diagnostic committee pursuant to the Welfare Law (Treatment of Persons with Intellectual and Developmental Disability), 5729-1969, and where necessary – an additional professional authority whose diagnosis is admissible in accordance with the additional disability or disabilities
Suspected intellectual and developmental disabilityEducational psychologist, developmental psychologist or clinical psychologist
Behavioural and emotional disordersEducational psychologist, developmental psychologist, clinical psychologist or specialist physician in child and adolescent psychiatry
Disability on the autism spectrum/ASDSpecialist physician in child and adolescent psychiatry, paediatrician with at least three years' experience at a child development institute or specialist physician in child neurology and child development; in addition, at the initial diagnosis – a diagnosis by a clinical psychologist specialising in the clinical field of the child, a developmental psychologist, or a rehabilitative or educational psychologist with proven training in the field of autism
Mental disordersSpecialist physician in child and adolescent psychiatry
Multi-problem learning disabilityEducational psychologist, specialist psychologist trained in the subject of learning disabilities, or a specialist psychologist and didactic diagnostician, whether in a single document or in separate documents
AD(H)DSpecialist psychologist, specialist physician in child neurology and child development, specialist physician in child and adolescent psychiatry or paediatrician with at least three years' experience at a recognised child development institute
Physical disabilityPaediatrician with at least three years' experience at a recognised child development institute or specialist physician in child neurology and child development
Hearing disabilityCommunication clinician certified in audiology; for this purpose, "audiology" – conducting hearing tests and fitting hearing aids
Vision disabilityLow vision institute or ophthalmologist
Developmental delay in the functional domainSpecialist physician in child neurology and child development, or educational or developmental psychologist – together with a communication clinician or occupational therapist
Developmental delay in the language domainCommunication clinician at a child development institute
Rare diseases and syndromesPaediatrician with at least three years' work experience at a recognised child development institute or specialist physician in child neurology and child development

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Second Schedule (the definition "pupil with special needs", and sections 7(a) and 20d(a))

Part 1: Regular Class in a Regular Education Institution

1.§

An integrated pupil as defined in section 20a is entitled to special education services as detailed in the table below, as the case may be, all in addition to the basic budget of the education institution for all pupils in the institution.

2.§

An integrated pupil as defined in section 20a, who is not a pupil entitled to an individual or group response in accordance with the provisions of a Director General circular, as detailed in the table below, shall be entitled to a personal basket, as well as to the services listed in Columns B to E, alongside the type of disability, as the case may be; the personal basket shall include, inter alia, a flexible personal budget comprising teaching, treatment and support hours, as well as guidance of the team in the education institution; it is possible to carry out a different division from that determined for the hours allocated to teaching, treatment and support in accordance with the individual needs of the pupil, pursuant to the recommendation of the multi-disciplinary team and in cooperation with the parents of the pupil; the scope of the weekly hours within the personal basket, broken down by age group, shall be as follows:

(a)kindergarten, primary school, middle school – 2.7 (teaching, treatment and team guidance);
(b)upper secondary school (except for complex learning disabilities, behavioural and emotional disorders and borderline intelligence) – 4.55 (teaching, treatment and team guidance);
(c)upper secondary school (for complex learning disabilities, behavioural and emotional disorders and borderline intelligence) – 2.4 to 2.9.
Table
Column A Type of disabilityColumn B Functioning level 1 HighColumn C Functioning level 2 Medium-highColumn D Functioning level 3 Medium-lowColumn E Functioning level 4 Low
Borderline intelligenceIndividual or group response, as well as team guidanceSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelines
Intellectual-developmental disabilityAt least 16 support hours per weekAt least 16 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Suspected intellectual-developmental disabilityAt least 16 support hours per weekAt least 16 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Behavioural and emotional disordersIndividual or group response, as well as team guidanceIndividual or group response, as well as team guidanceSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelines
Disability on the autism spectrum/ASDSupport hours as needed in accordance with Director General circular guidelinesAt least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Mental disordersIndividual or group response, as well as team guidanceAt least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Complex learning disability AD(H)DIndividual or group response, as well as team guidanceIndividual or group response, as well as team guidanceSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelines
Physical disabilitySupport hours as needed in accordance with Director General circular guidelinesAt least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Hearing disabilitySupport hours as needed in accordance with Director General circular guidelinesAt least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Visual disabilitySupport hours as needed in accordance with Director General circular guidelinesAt least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week
Developmental delay in the functional domainIndividual or group response, as well as team guidanceIndividual or group response, as well as team guidanceSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelines
Developmental delay in the linguistic domainIndividual or group response, as well as team guidanceIndividual or group response, as well as team guidanceSupport hours as needed in accordance with Director General circular guidelinesSupport hours as needed in accordance with Director General circular guidelines
Rare diseases and syndromesSupport hours as needed in accordance with Director General circular guidelinesScope of support at least 8 support hours per weekAt least 16 support hours per weekAt least 24 support hours per week

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