All children should feel welcome and included at their local school, with access to the support they need to be engaged and enthusiastic learners.  

Yet many parents find schools are unwilling to enrol their disabled child, or will claim they don’t have the adequate resources to meet their child’s needs. But disabled children, like all children, just want the chance to live ordinary lives – and access to mainstream education is a key part of that.

Know your child’s rights

In Aotearoa, all children from the age of five are legally entitled to free education at public schools. In fact, “Students who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at state schools as those people who do not,” according to Section 34 of the Education and Training Act (2020).

Any denial of this is discrimination and goes against legal obligations. But while you may have the law behind you, inclusive education remains fragmented, inconsistent, and under-funded.

So, what can parents do?

Step 1: Talk to the teacher and/or principal

An obvious first step, which you may have already done! But it’s important to remember that the school itself is the first place to try and find solutions. Ideally this should be a face-to-face meeting, giving you a chance to voice your concerns, advocate for what your child needs, and ask what the school plans to do about it.

Step 2: Talk to the board of trustees

If you’re not happy with the principal or teacher’s response, the next option is to write to the school board of trustees, once again voicing your concerns and asking what solutions they can offer. Be sure to remind them of their legal obligations, and of your child’s rights according to the Education and Training Act, mentioned above.

Step 3: Talk to the Ministry of Education

Schools receive support and funding to help students with moderate learning support needs. However, if your child has high learning support needs, you may need to talk to a learning support representative at the Ministry of Education in your region. Ask for a review of child’s funding, explaining the reasons for your request. Hopefully, following this, your child will have enough support or funding to full participate in learning again. If not…

Step 4: Talk to legal experts and advocates

If your child is still being denied their rightful access to education, you can make a complaint to the Human Rights Commission. Click here to make an online complaint or call 0800 496 877. The HRC will arrange a mediation between you, the school and/or the Ministry to come to a solution.

Another option is the Ombudsman, who has the power to investigate complaints and make recommendations to government departments. Click here to make an online complaint or call 0800 802 602.

You might also consider reaching out to an advocacy group to enlist their help. For example the NZ Down Syndrome Association, Autism NZ, YouthLaw, Community Law.

Above all, don’t lose hope

It may feel hard going to get the education your child deserves, but remaining consistent is the only way to ensure their right to education is fulfilled.

Reaching out to other parents can also help give you encouragement, and keep you sane.