THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION 16 Persons with Disabilities Act 2008 40. The Federal Constitution does not include disabilities as a ground of nondiscrimination. Nonetheless, in 2008 the Government enacted the Persons with Disabilities Act, which is premised on the principle of equality and non-discrimination. In addition, the Act is to be read in the context of the Federal Constitution as stated in its preamble that persons with disabilities are entitled to equal opportunity and protection as provided by the Federal Constitution.10 41. The Persons with Disabilities Act 2008 provides an explicit recognition and protection of the right to education for children with disabilities. Section 28 of the Act requires the Government to ensure that children with disabilities are given equal access to primary education and higher education. In addition, the Government is also required to ensure appropriate facilities and supports to enable children with disabilities to access and receive education. Section 28 - Access to education (1) Persons with disabilities shall not be excluded from the general education system on the basis of disabilities, and children with disabilities shall not be excluded from pre-school, primary, secondary and higher education, on equal basis [sic] with persons or children without disabilities, including vocational training and lifelong learning. (2) The Government and private educational providers shall, in order to enable persons and children with disabilities to pursue education, provide reasonable accommodation suitable with the requirements of persons and children with disabilities in terms of, among others, infrastructure, equipment and teaching materials, teaching methods, curricula and other forms of support that meet the diverse needs of persons or children with disabilities. (3) The Government and private educational providers shall take appropriate steps and measures to enable persons and children with disabilities to learn life and social development skills in order to facilitate their full and equal participation in education including the following: a) to facilitate the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; b) to facilitate the learning of Malaysia Sign Language and the promotion of the linguistics identity of the deaf community; and c) to ensure that the education of persons, and in particular children, who are blind, deaf or deaf-blind is delivered in the most appropriate languages and modes and means of communication Fourth paragraph of the preamble “…RECOGNIZING that persons with disabilities are entitled to equal opportunity and protection and assistance in all circumstances and subject only to such limitations, restrictions and the protection of rights as provided by the Federal Constitution…” 10