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高等教育阶段,残疾人的受教育权主要表现为教育机会平等权。我国立法规定高等学校必须录取符合国家规定录取标准的残疾考生,国家应对残疾人参加国家升学考试提供便利条件。但与国外立法或与残疾人教育机会平等权的内涵要求相比,还存在立法不足以及法定权利未能转化为现实权利的问题,应从转变立法理念、细化相关立法、侧重补偿以及强化程序实现权利救济等方面予以改进。
In the stage of higher education, the right to education of persons with disabilities mainly manifests as equal right to education. Our legislation stipulates that institutions of higher learning must admit disabled candidates who meet the admission standards set by the state and the state should provide conveniences for disabled persons to participate in the state entrance examination. However, compared with the connotation of foreign legislation or equality of opportunity for educational opportunities of persons with disabilities, there still exist some problems such as the lack of legislation and the failure of the legal rights to be converted into practical rights. It is necessary to change the concept of legislation, refine the relevant legislation, emphasize compensation and strengthen the procedures Right relief and other areas to be improved.