If you have special needs you have the same rights to enrol and get a free education as others who don’t have special needs. It is unlawful for any school to refuse to enrol you on the grounds of disability or because of other types of discrimination.

A school can refuse to enrol you if you have special needs only if:

• The school is for a certain group of people and you aren’t in that group. For example a boys school can refuse to enrol you if you are a girl or, a school specifically designed to teach children with visual impairment can refuse to enrol you if you can see really well but are hearing impaired; or
• The school can show that by enrolling you with your special needs it would demand too many resources that it can’t afford and there is another school you could go to that can better meet your needs. If a school claims that it does not have the resources to cope with your special needs you or your parents can ask the Human Rights Commission and the Ministry of Education to check out what the school is saying.

What if I want to go to a special school or to be in a special class?

If your parents want to enrol you in a special class or a special school they need to make what is called a section 9 agreement with the school and the Ministry of Education, under section 9 of the Education Act 1989.


Can a school agree to enrol special needs children only if they attend part time?

No, special needs children have the same right to receive education as students without special needs. This includes full-time attendance.