Advocating for Change: The Legal Rights of Disabled Students in Mainstream Classrooms

Published on 27 October 2023 at 09:11

When Priya enrolled her 8-year-old autistic son Raj in mainstream school, she assumed he'd receive the support outlined in his Education, Health and Care Plan (EHCP). But as staff cut corners, she's realized disabled students' rights exist only through constant advocacy.

 

"They try to fob him off with the bare minimum, but he's legally entitled to so much more," Priya explains. "I have to keep pushing just so he gets support they should provide automatically." 

 

Priya's experience highlights the continual battle facing parents of disabled pupils reliant on accommodations mandated in EHCPs and other legal safeguards. While protections exist on paper, implementation lags without vigorous advocacy. Under the Children and Families Act, mainstream schools must use "best endeavours" to meet disabled students' needs outlined in EHCPs. Supports like therapies, teaching assistants, modified lessons and assistive technology help pupils access the curriculum.

 

The Equality Act additionally prohibits discrimination based on disability, requiring reasonable adjustments to avoid disadvantaged treatment. This obliges adaptations ensuring disabled students can participate equally despite barriers. In theory, these laws protect disabled students' right to flourish in mainstream settings. But Priya finds securing Raj's needs remains an uphill fight. Even with an EHCP detailing necessities like visual schedules, sensory breaks and social skills coaching, the school consistently "forgets" to implement accommodations. Overstretched staff shortcut Raj's needs, leaving him struggling. Priya must demand every legal entitlement.

 

"It's exhausting battling for adjustments my son requires to learn," she explains. "The school act like it's optional, not his basic right."

 

Advocates hear similar frustrations frequently. "Legislation is just words on paper unless schools comply in practice," says Susan Harris of Disability Rights UK. "Too often, parents must fight to obtain their child's lawful accommodations."

 

Budgetary pressures on schools contribute, with costly specialist support reduced to save funds. But austerity doesn't lessen schools’ legal duties. And when disabled students flounder without provisions, it costs more long-term.

 

"Securing equality in education requires rethinking systems concentrated on narrow definitions of achievement," argues Harris. "Every child has a right to develop their potential. But making that happen takes commitment school-wide."

 

Through legislation, parents can challenge exclusion and compel provision of aids like adaptive PE equipment or laptops enabling better access. But lawsuits require time and money many families lack.

 

Priya believes progress requires cultures truly committed to inclusion. “Schools must see diverse learning needs not as inconveniences, but opportunities to evolve,” she argues. “Because when education works for disabled students, it works better for everyone.” 

 

Raj has potential waiting to be tapped. But like many disabled students, realizing it depends on schools moving beyond minimum compliance to full embrace of his needs. As advocates like Priya say, inclusive education is a right - but making it reality takes a community.

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