Legislation and Strategies

2. Legislation and Strategies • The Education Act 1989 (In particular Section 3 and 8) • The UN Convention on the Rights of Persons with Disabilities 2006 (in particular Articles 24 and 28) • The Disability Strategy (in particular Goal 3)

3. The Education Act • 3. Right to free primary and secondary education • Except as provided in this Act or the Private Schools Conditional Integration Act 1975, every person who is not a foreign student is entitled to free enrolment and free education at any State school during the period beginning on the person's fifth birthday and ending on 1 January after the person's 19th birthday. Right to free education from 5-19 years

4. The Education Act People who have special educational needs have the same rights to enrol and receive education • 8. Equal rights to primary and secondary education • (1) Except as provided in this Part, people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at State schools as people who do not.

5. UN Convention on the Rights of Person’s with Disabilities 2006 • 24.2. In realizing this right, States Parties shall ensure that: • (a) Persons with disabilities are not excluded from the general • education system on the basis of disability, and that children with disabilities, are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; Ensuring children are not excluded from education

6. UN Convention on the Rights of Person’s with Disabilities 2006 • (b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; Access to an inclusive quality, free education in local community

7. The Disability Strategy • Objective 3: Provide the best education for disabled people • Actions • 3.1 - Ensure that no child is denied access to their local, regular school because of their impairment. Provide the best education - No child denied access

8. How the education system works • Attendance at ECE is optional • Everyone can attend their local school in enrolment zone • No school has the right to deny your child access • Part-time attendance is only Ok with your agreement (and as a transition measure) • Some schools have special units • Special schools or satellites of those schools are available • A Section 9 agreement is needed to access a special school

9. The Special Education Review • SUCCESS FOR ALL • – EVERY SCHOOL, EVERY CHILD • “achieving an inclusive education system”

10. From rhetoric to reality • 1989 to 1998 we had the rhetoric on inclusion • 1998 SE 2000 provided us the resources and a resourcing framework. • 2010 onwards - time to make inclusion a reality and get results.

11. Inclusive schools – where are we at • Currently: • Only 50% of schools are inclusive, 30% are partly inclusive and 20% are not inclusive (ERO, 2010) • Success for All Goal: • By 2014: • 80% of schools will be inclusive and 20% will be on the way

12. If a school denies your child access • Contact your local Ministry of Education office • We will begin our escalation process – ten steps to get a school to shift their stance • We will work with you to transition your child into the school

13. If you have a problem at school • Try resolving it with the person involved first • Try to see if you can understand the real barrier (e.g. their lack of confidence, knowledge) and get support • Try to use your influence to change attitudes • If issue can’t be resolved with the person contact the principal or the Board chairperson

14. If you can’t get your issues solved • Contact: • The Education Review Office – for non-inclusive schools • The Ministry of Education • The Human Rights Commission • Advice will be provided next year to government on a mediation/disputes resolution service

15. Together We can achieve an inclusive schooling system