IHC Alleges School Bias

By NICHOLS, Lane

STATE schools are discriminating against thousands of disabled pupils, an unprecedented complaint against the Government alleges.

IHC will today lodge a formal complaint with the Human Rights Commission — backed by affidavits from principals, teachers, parents and school boards outlining discrimination and serious resourcing shortfalls in schools.

Children’s Commissioner Cindy Kiro said New Zealand was clearly not meeting the rights of some disabled children to a quality education and parents were severely stressed.

“I am aware of cases where students have been excluded because of behavioural problems associated with ADHD (attention deficit hyperactivity disorder) or Asperger syndrome.”

The Education Act guarantees all children the right to attend their local school and learn alongside their peers.

But IHC advocacy director Trish Grant said many disabled children faced unlawful conditions or effective bans, denying them the same access to the curriculum and isolating them from friends and classmates.

Examples included:

* Conditions limiting the hours disabled children may attend class or sending them home when teacher aides are sick.

* Access to extra-curricular activities such as school plays or camps being denied because of disabilities.

* Deaf children in classrooms without a teacher who understands sign language, despite its status as an official language.

* Parents being asked to contribute financially to keep their disabled children in mainstream classrooms.

* Suspension for disability-related behaviour, not misconduct.

IHC is seeking a declaration from the commission that Government policies and school practices are discriminatory. It is prepared for a long legal fight through the Human Rights Tribunal, which the Education Ministry is expected to defend.

A letter sent to every principal and MP this week says current policies are not giving disabled pupils an adequate education.

About 14,000 children have intellectual disabilities. Many others suffer physical and sensory impairments. The Education Ministry spent more than $430 million on special education last year.

Ms Grant told The Dominion Post IHC’s complaint was not aimed at individual schools or teachers, but sought to highlight difficulties disabled children faced in a human rights context.

“This is about their human rights to have their needs listened to and responded to, which is promised in the legislation and education policy.

“This problem has been going on for a long time, to the point where people just accept that that’s the way things are.”

Nicholas Pole, the Education Ministry’s special education deputy secretary, said schools could not refuse enrolment or apply unlawful conditions because of special needs. Officials would investigate allegations of discrimination.

The ministry had yet to see IHC’s complaint but would respond once it had been notified by the commission.

(c) 2008 Dominion Post. Provided by ProQuest Information and Learning. All rights Reserved.