The right to education is a fundamental human right for all people, as stated in the Universal Declaration of Human Rights:
„Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.” (The Universal Declaration of Human Rights (UDHR), Article 26, 1.)
Whom do we call a "disabled person"?
According to Act No. XXVI. of 1998. on the Rights of People with Disabilities and Ensuring their Equal Opportunities, 4.§, a) a person with a disability is „a person who permanently or permanently lives with a sensory, communication, physical, intellectual, psychosocial impairment – or any combination of these – which, in interaction with environmental, social and other significant obstacles, prevents effective and equal social participation restrict or inhibit.”
The Act on Higher Education and its implementing regulation list in a taxonomy who is considered disabled, and in addition to the commonly known disability groups, it also identifies types of disability that do not have visible external characteristics, such as learning disabilities: In addition to people with mobility impairments, visually impaired people, people with hearing impairments, people with speech impairments, people with autism, the categories of people with mental development disorders (dyslexia-dyslexia-dysgraphia-dysorthography, dyscalculia, hyperactivity, attention deficit, behavioural disorders) are mentioned. (Act No. CCIV. of 2011., 108.§ (6))
What rights do people with disabilities have in Higher Education?
Students who have passed their school-leaving exams can apply for admission to higher education institutions for further studies. A student who can prove his/her disability with a vocational certificate will be awarded 40 extra points. (Government Decree No. 423/2012 (XII. 29.), 24.§, 34.§)
The equal opportunities of students with disabilities are declared by the Government in the Higher Education Act, with the proviso that no exemption from basic academic requirements may be granted on the grounds of equal opportunities. In other words, no exemption can be claimed for subjects that are essential for a given profession (compulsory courses). However, the discounts available may allow the course to be completed. The legislator's obvious aim is to ensure that a student with a disability obtains a qualification appropriate to the profession in which he or she is qualified, and not one that he or she will not be able to perform because of his or her abilities and disabilities, because he or she has not fulfilled the essential requirements. (No.CCIV of 2011., 41.§, (1) c, (2))
At the same time, the student has the right to receive complete and thorough information about his/her studies, to organise his/her own study arrangements, to use all available services and education, to receive care appropriate to the condition and abilities of the student with a disability. (No. CCIV. of 2011., 43.§ (1))
Students' physical, mental and mental abilities and conditions have a major impact on their learning opportunities, efficiency and speed. This is recognised by the fact that students in state-funded courses may, on the basis of their disability, take up to four additional semesters of state-funded study at any level of their higher education, up to a maximum of four semesters in total. (No. CCIV. of 2011., 47.§ (4))
The Higher Education Act lists all the advantages that can be granted to students with disabilities and defines the quality of the service as a condition for successful learning, i.e. the provision of education, assessment and support that enables the student with a disability to meet the requirements. The latter is an essential condition, but in many cases it is not obvious. Of course, different benefits are available for each type of disability, but the relevant implementing regulation will determine which benefits are available for which type of disability. (No. CCIV. of 2011., 49.§ (8))
What benefits are available to students with disabilities in Higher Education?
According to the Law, the following discounts are available: „In justified cases, they must be exempted from the obligation to study certain subjects, parts of subjects, or report. If necessary, they must be exempted from the knowledge measurement of foreign professional language knowledge or a part of it, or the level of it. During the knowledge assessment, a longer preparation time must be ensured, the use of auxiliary equipment – especially a typewriter, computer – must be allowed for the written report, and if necessary, the written report must be replaced by an oral report or the oral report must be replaced by a written report. The exemption granted on the basis of this paragraph can only be granted in connection with the circumstances on which the exemption is based and cannot lead to an exemption from the basic study requirements necessary to obtain the qualification certified by the diploma.” (No. CCIV. of 2011., 49.§ (8))
In the case of exams, the person concerned has the right to extra time, which must be at least 30 percent more than the time generally allowed. (Government Decree No. 87/2015. (9. IV.) 62.§ (8))
In addition to the listed benefits, the law gives the bodies deciding on study benefit issues the possibility to make a decision adapted to the specific situation, circumstances and abilities of the disabled student. This is the creative point of the legislation which lists the benefits in a taxonomy. It allows the student to receive a benefit that is not listed, and it can respond to the student's particular, different problems from the average, based on the student's request and the proposal of the decision-making body. (Government Decree No. 87/2015. (9. IV.) 62.§ (10))
Do disabilities have to be proved?
You must always provide proof of disability. The Regulation specifies the bodies whose opinion may be accepted in the procedure. Students who have already had a diagnosis during their secondary education can claim their benefits on the basis of a certificate issued by the expert committee of the county pedagogical service, as defined by the Nktv. (Law on National Public Education). Those who did not have such a certificate, whose disability develops during higher education or who are suspected of being affected by a learning disability syndrome, must apply to the rehabilitation administration of the county government office, and from 1st September 2020. to the ELTE GYOPSZ (Practising National Pedagogical Service). (Government Decree No. 87/2015 (9. IV.) 63.§)
The Law also provides for students to have access to personal assistance to help them with their affairs. Personal assistance can be provided by anyone, but the University of Pécs has a designated body, the Support Service.