A local school told us it does not have the resources to support our child, who has additional learning needs, and suggested we look elsewhere. We want him to attend with his brothers and sisters. Is the school allowed to say no?
Generally, no. Section 33 of the Education and Training Act 2020 provides that people with special educational needs have the same rights to enrol and receive education at state schools as people who do not. A school cannot refuse to enrol your child merely because of a disability or learning need. It should work with you and the Ministry of Education's learning support services to identify supports, which may include funding, teacher aide hours, specialist input or the Ongoing Resourcing Scheme, if eligible. Request the school's response in writing, then contact the Ministry's local office for support in resolving the matter. You may also complain to the Human Rights Commission, since discrimination in education is prohibited under the Human Rights Act 1993, and to the Ombudsman.
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