Inclusive education 49. The 2017 update of the Education Act 1989 also failed to incorporate inclusive education principles within its framework, despite recommendations to do so by both the UN Committee on the Rights of Persons with Disabilities in 201454 and New Zealand’s Independent Monitoring Mechanism on the Convention on the Rights of Persons with Disabilities (IMM).55 The Commission considers that this constituted another significant missed opportunity. 50. The IMM has issued a number of other recommendations aimed at furthering the right to inclusive education in New Zealand. These include establishment of an Inclusive Education Advisory Group to improve collaboration, improved data collection and analysis and incorporation of inclusive education targets within the New Zealand Disability Strategy and Disability Action Plan. 51. In 2017, Parliament’s Education and Science Committee issued its report on its Inquiry into the identification and support for students with significant challenges of dyslexia, dyspraxia and autism spectrum disorder in primary and secondary schools. This cohort of students is estimated to make up least 10% of New Zealand’s school population. 52. In its report, the Education and Science Committee referred to evidence it received of the wide range of detrimental factors experienced by students with dyslexia, dyspraxia and autism spectrum disorder. These include anxiety, low self-esteem, isolation, impaired achievement, bullying and disruptive behaviour. The Committee noted that “these experiences may form patterns of behaviour that continue into adulthood and shape success in later life”.56 53. This correlation between neuro-disability and poor future outcomes is perhaps most acutely observed in the justice system. The previous Principal Youth Court Judge has drawn attention to the link between youth offending (and subsequent custodial incarceration) and the existence of unmet needs due to recognised or unrecognised learning and behavioural disabilities.57 International evidence suggests that the rates of prevalence of undiagnosed neuro-disabilities in New Zealand are likely to be high.58 It follows that poor outcomes in the justice system may be indicative of problems within the primary and secondary school sector concerning screening, assessment and provision of ongoing support for these children and young people. 18