Special education provided for outstanding learners appropriate to their intelligence and talent, and provided a suitable education for disabled persons. Special education programs shall be formulated by Prakas of the Ministry in charge of Education. Article 39- Rights of disabled learners Disabled learners have the same rights as able learners and have separate special rights as follows: - Disabled learners of either sex have the right to study with able learners if there is sufficient facilitation in the study process for the disabled learner to fulfill the educational program of the educational institutions; - Disabled learners with special needs have the rights to receive additional teaching in the regular educational program, which is not a particularly special educational program. - Disabled learners who are not able to learn with able learners have the right to receive special education in separate special classes. These disabled learners can study at community schools in their locality. Article 40: Right to request, right to protest, right to complain, right to solution Parents or guardians, learners and educational personnel, whose rights specified in this law, are violated, have the right to request or protest to the competent educational authority at different levels as well as to the court. The Ministry in charge of education shall issue regulations on procedures for requests, protests and solutions. Article 41: Right of learners and educational personnel to health checks Learners and educational personnel in educational institutions with proper educational licenses have the right to access to health checks. -15-