Do I have the right to a free education even if I have special needs?This is a featured page

You are allowed to attend a kura kaupapa Maori, state, integrated or private school unless:
  • You have a section 9 agreement saying you have to attend a special school or unit [5];
  • or The school can show that it is reasonable to prevent you enrolling because, for example, it would be too difficult for it to make the changes needed for you to attend.

But usually it is not too difficult for a school to make these changes, unless it is a small rural school, or there are many large changes to be made.

  • The law says you are allowed to start school at 5 years old and stay until you are 21 if you are a student who is receiving special education (i.e. in a special school or unit and/or have ORRS funding)[6].
  • State schools that are overcrowded will have “enrolment schemes” which set out the rules for choosing students. You can’t be refused enrolment at a school with an enrolment scheme just because you have special needs. You can only be refused enrolment if you are out of the school’s area and students that live nearby have taken all the places. However, if the school you want to go to has a special education unit, you’ll be next on the list for enrolment after the students who live close by.
  • Schools without enrolment schemes can’t say you are out of their “zone”, because the law says they don’t have a home zone. For more information, see our information sheet, School Enrolment”.
  • Some school principals may not seem very welcoming when you go to enroll. This might be because they don’t know a lot about your disability or special educational needs. It can help if your parents explain fully what your needs are and its effect on you. They may also like to offer support to the school and show how you have adapted to your special needs.
  • If any school is refusing to enrol you, you can contact one of the agencies listed at the end of this information sheet to find out if the school is allowed to say “no” to enrolment, as well as what can be done about it. See What if I need more help?” .

[5] Attorney-General v Daniels and Others (CA84/02, 19 February 2003
[6] Sections 3 and 9 Education Act 1989


YouthLaw
YouthLaw 		Latest page update: made by YouthLaw , Aug 13 2009, 10:54 PM EDT (about this update About This Update YouthLaw Edited by YouthLaw

396 words added

view changes
- complete history)
Keyword tags: free education special needs
More Info: links to this page

Threads for this page

Anonymous  (Get credit for your thread)

There are no threads for this page.  Be the first to start a new thread.