THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION 4 disabilities2, concerns were raised with regard to the issues of accessibility and quality of education for children with disabilities, in particular learning disabilities. It is a matter of public perception that a large number of children with learning disabilities appear to be excluded from primary education. OBJECTIVES OF THE STUDY 6. Based on the hypothesis that the number of children with learning disabilities with access to primary education needs to be expanded, the Commission hopes that this study would provide adequate reference to the Government to increase the number of children with learning disabilities in Malaysia receiving inclusive and quality primary education. To achieve this goal, the specific objectives of the research are to: • • • Raise awareness among education professionals, decision-makers and the public of the challenges children with learning disabilities experience in accessing primary education. Identify the gaps in information about education for children with learning disabilities in order to build support for the education of children with learning disabilities. Build bridges between government agencies and civil societies, so as to promote more participatory, transparent and accountable policymaking in the education sector. SCOPE OF THE STUDY 7. This study focuses on the right to primary education for children with learning difficulties. For this purpose, it was important to define the meaning and scope of the term “learning difficulties”. From the outset, the Commission believed that one significant shortfall of the current system is the ambiguity of the term “learning disabilities”. Often “learning disabilities” is used interchangeably with “learning difficulties” or “intellectually challenged”. The term “learning disabilities” is defined differently in different countries. According to the Individuals with Disabilities Education Act 2004 (IDEA 2004) of the United States, “learning disabilities” do not include persons with mental retardation. On the other hand, the government of the United Kingdom adopts a more general definition of persons with learning disabilities to include persons with mental retardation. 8. In Malaysia, its legal and policy framework does not have one definitive classification of disabilities. The Persons with Disabilities Act 2008 defines “persons with disabilities” broadly to “include those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society.” The Education (Special Education) Regulations 2013, however, define “pupils with special needs” as those having visual disability, hearing disability, Since 2002, the Commission has organised “A Conference Concerning the Rights of Persons with Disabilities” followed by meetings and dialogues with stakeholders, including government agencies and NGOs in 2003 and 2006; round table discussions (RTDs) on human rights issues facing PWDs throughout Malaysia in 2004, 2005, 2010 and 2011 - “Programmes with the People” in order to identify the problems and sensitivities of citizens towards PWDs and public seminars in 2012. 2