1. Submission to the Parliamentary Portfolio Committee and Select Committee on Women, Children and People with Disabilities on the implementation of the UN Convention on the Rights of Persons with Disabilities Robyn Bath, Inclusive Education Western Cape 25 July 2012

2. Introduction The R2E CWD is a National Campaign comprising a number of Civil Society Organisations which promote the right to education for children with disabilities. This submission refers in particular to the implementation of Article 24 of the UN Convention on the Rights of Persons with Disabilities (Education)

3. Submission structure This submission examines: Progress made in terms of the implementation of Article 24 Challenges to implementation Recommendations of methods to facilitate the implementation of Article 24

4. Progress made Establishment of Full Service Schools across the country An increase in the number of learners with disabilities included in Ordinary public schools The introduction of the Screening, Identification, Assessment and Support Strategy (SIAS) to co- ordinate and guide the provision of support for learners with special needs Court case response to educational needs of children with severe intellectual disability Examples of good inclusive practices in effect at many schools across the country

5. Challenges to implementation – Article 24 2 (a) “free and compulsory education” Fees - South African Schools Act, 1996 – child cannot be refused admission if parents are unable to afford fees - Exemption if receiving a Support grant Provincial variance for the allocation of funding for special schools Secondary costs – transport - uniforms, stationery, textbooks, etc. No national uniform implementation of the provision for free schooling for children with disabilities as envisaged in Article 24 2 (a)

6. Challenges to implementation – Article 24 2 (a) Compulsory school attendance – whilst schooling is compulsory for children between the ages of 7 – 15 years the South African Schools Act provides for the Minister to stipulate compulsory ages for children with special needs – this has not been done. Only 4 -5% of children with disabilities are attending ECD facilities. Disproportionately large percentage of learners with disabilities are out-of-school

7. Challenges to implementation – Article 24 2 (b), (c), (d), (e) “the provision of quality education on an equal basis with others in the communities in which they live, accessing support and reasonable accommodations” Concept of “quality” education has yet to be adequately defined by South African Government The SIAS strategy has been under revision for the past 2 years. Goals from the Department of Education regarding the implementation of SIAS are inadequate to ensure compliance with Article 24 2 (d) Very few schools implement reasonable accommodations for learners with disabilities and so no learning occurs on an equal basis with peers.

8. Challenges to implementation – Article 24 3 “provision of braille and modes of Augmentative and Alternative Communication (AAC) & facilitating the teaching of sign language” Very few teaching and learning materials are available in braille. Minimal availability of AAC resources Sign language has yet to be recognised as an official language of instruction Teachers teaching deaf children remain untrained in sign language compromising the quality of learning for deaf children.

9. Challenges to implementation – Article 24 4 “qualified, trained teachers equipped with the skills and language necessary to teach learners with disabilities” No effective in-service skills development system in place to ensure teachers can access skills training No core training in inclusive education practices in pre-service training Specialised training in braille, sign language or AAC not a requirement for teachers teaching children with disabilities

10. Recommendations The implementation of White Paper 6 needs to be prioritised. The Department of Basic Education’s Strategic and Action Plans need to have well thought through and clear goals to achieve this implementation Pro-active oversight measures must ensure compliance Structures, processes and strategies conceptualised at a national level need to be implemented at provincial and district level. Teacher training must be seen as a critical necessity