R50PITFALLS AND BIAS<strong>and</strong> Educational Counseling Services (Eröss et al. 2009). The OS Hungary Test Development publishing companyis <strong>the</strong> institution responsible for test development, sales, <strong>and</strong> consultation on <strong>the</strong> use <strong>of</strong> <strong>the</strong> instruments. 15The placement <strong>of</strong> children in particular schools can at times be construed as a case <strong>of</strong> conflicting interests amongpr<strong>of</strong>essions <strong>and</strong> service providers. Educational Counseling Services operate out <strong>of</strong> particular schools, which makerecommendations for children to be tested by <strong>the</strong> Rehabilitation Committee, which in turn recommendsplacements at <strong>the</strong> schools operated by Educational Counseling Services. In <strong>the</strong>se situations, <strong>the</strong>re is a danger thatspecial schools <strong>and</strong> committees will prioritize increasing <strong>the</strong> populations <strong>of</strong> <strong>the</strong>ir respective schools over serving<strong>the</strong> best interests <strong>of</strong> <strong>the</strong> child (Csépe 2009, 163).POLICY AND PRACTICE IN ASSESSMENTAs stated in <strong>the</strong> previous section, under Decree 14/1994, §22.4, a teacher may refer a child to <strong>the</strong> EducationalCounseling Service for assessment for school readiness. Even though parental consent is required to carry out thisassessment, <strong>the</strong> quality <strong>of</strong> <strong>the</strong> consent is problematic, with parents — especially those from disadvantagedcommunities — <strong>of</strong>ten not fully aware <strong>of</strong> <strong>the</strong> long-term consequences <strong>of</strong> placement in special education (Cliffordet al. 2004, 31; Farkas et al. 2007, 220). Nagy (2008) also observes that many <strong>Romani</strong> parents are not providedinformation when asked for <strong>the</strong>ir consent to assess <strong>the</strong>ir children for <strong>and</strong> subsequently place <strong>the</strong>ir children inspecial education.Access to kindergarten for <strong>Romani</strong> children is also a concern; although children can be denied admission to schools“only due to lack <strong>of</strong> space” (Act on Public Education, Article 66.4), what this means specifically is not clearlydefined in <strong>the</strong> law. Anecdotal evidence fur<strong>the</strong>r suggests that kindergartens close to reaching capacity admit childrenfrom <strong>the</strong> ethnic majority children on a preferential basis while delaying <strong>the</strong> admission <strong>of</strong> <strong>Romani</strong> children (Farkaset al. 2007, 204). Children are also denied entry to kindergarten through <strong>the</strong> Rehabilitation Committee orEducational Counseling Service’s determination that <strong>the</strong>y are not ready to begin compulsory schooling <strong>and</strong> shoulddefer enrollment. Consequently, <strong>Romani</strong> children enter schooling later than <strong>the</strong>ir non-<strong>Romani</strong> peers; in 2000,Roma accounted for most <strong>of</strong> <strong>the</strong> 25 percent <strong>of</strong> children in kindergarten aged six or older (Clifford et al. 2004, 37).The Hungarian government has made efforts to curb <strong>the</strong> disproportionate representation <strong>of</strong> disadvantaged <strong>and</strong><strong>Romani</strong> children in special education schools <strong>and</strong> classes by distinguishing between children with organic<strong>and</strong> non-organic disabling conditions in <strong>the</strong> 2007 amendments to <strong>the</strong> Act on Public Education (Article 121.1.cc).Disabilities with organic origins include, among o<strong>the</strong>rs, physical, sensory, intellectual, or speech impairments,15 Available online: http://oshungary.hu.
R51autism, dyslexia, <strong>and</strong> dyscalculia (Article 121.1.cc.i). Although children with organic disabling conditions are entitled(under Article 52.6) to specialized rehabilitative education for a certain percentage <strong>of</strong> <strong>the</strong>ir instructional dayregardless <strong>of</strong> <strong>the</strong>ir educational placement, §14.1 <strong>of</strong> Decree 14/1994 allows for <strong>the</strong> Rehabilitation Committee todesignate schools which are largely segregated (Bohács <strong>and</strong> Tóth 2008). By way <strong>of</strong> contrast, children who haveimpaired adaptive, learning, <strong>and</strong> behavior functioning without an organic origin are entitled to developmental(remedial) education in mainstream kindergartens <strong>and</strong> schools with Educational Counseling Services (Article 30.7).Following <strong>the</strong> categorization system adapted by Csépe (2009), Nagy (2008) notes that mild intellectual disabilityis considered to be a disability with an organic origin, <strong>and</strong> that most <strong>Romani</strong> children are thus diagnosed uponassessment, such that <strong>the</strong>y enter <strong>the</strong> remedial/special education system. The remedial system <strong>of</strong> education is basedon a reduced curriculum ostensibly intended to enable pupils to catch up with <strong>the</strong> curriculum, but in practicepupils do not catch up, as <strong>the</strong>y are not ever exposed to <strong>the</strong> full curriculum. As a result, <strong>the</strong> legal possibility for(re)integration from remedial to st<strong>and</strong>ard classes is rarely actualized, with <strong>the</strong> reduced curriculum fur<strong>the</strong>r reducingpupils’ chances <strong>of</strong> passing secondary entrance exams. Moreover, remedial classes are overwhelmingly segregated(Farkas et al. 2007, 217).While <strong>the</strong> distinction between children with special educational needs (OECD Cross-National Category A) <strong>and</strong>children with adaptive, learning, <strong>and</strong> behavior difficulties (OECD Cross-National Category B) is meant to be a meansto integrate pupils into mainstream classrooms, Csépe (2008) notes that <strong>the</strong>re is no legislative provision todetermine whe<strong>the</strong>r or not <strong>the</strong> special education funding or services follows <strong>the</strong> child with a non-organic (Cross-National Category B) diagnosis to <strong>the</strong> mainstream classroom. The fact that children with non-organic impairmentsare placed in mainstream classes without any supports at all, <strong>and</strong> <strong>the</strong> absence <strong>of</strong> a clear diagnostic procedureor protocol for distinguishing between organic <strong>and</strong> non-organic conditions are also problematic. Nagy (2008)fur<strong>the</strong>r asserts that even though children with non-organic conditions should be educated in mainstream classrooms,<strong>the</strong> level <strong>of</strong> disability with which a child is diagnosed plays an important role in school placement.A 2007 amendment to <strong>the</strong> Act on Public Education, Article 126, m<strong>and</strong>ated that <strong>the</strong> Rehabilitation Committeesreassess by December 31, 2007 all pupils who had been identified as impaired “due to <strong>the</strong> disorders <strong>of</strong> psychologicaldevelopment” (a category under <strong>the</strong> law before 2007 that was subsequently abolished). The same amendmentordered that <strong>the</strong> Rehabilitation Committees refer by March 2008 all pupils determined not to have conditionswith organic origins, <strong>and</strong> <strong>the</strong>refore not eligible for special education services, to <strong>the</strong> Educational Counseling Service.While pupils in this category would still be funded <strong>and</strong> provided special educational services through August2008, <strong>the</strong> amendment m<strong>and</strong>ated <strong>the</strong> integration into mainstream classes <strong>of</strong> pupils with non-organic conditionswho were taught in separate classes (Article 126.2). Eröss <strong>and</strong> colleagues (2009) report that over 30,000 pupilswere reassessed, with one-third found not to have special educational needs <strong>of</strong> an organic nature but over half<strong>of</strong> those pupils identified as having adaptive, learning, or behavioral difficulties <strong>of</strong> a non-organic nature (Article
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R112PITFALLS AND BIASD.H. and Other
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R114PITFALLS AND BIASFigueroa, Rich
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R118PITFALLS AND BIASHayman, Robert
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R120PITFALLS AND BIASKovács-Cerovi
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R126PITFALLS AND BIASRadivojevic, D
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R128PITFALLS AND BIASShepard, Lorri
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R130PITFALLS AND BIASTomatová, Jan
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R132PITFALLS AND BIASVláda Česká
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