20 THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION 3.1 LAWS AND POLICIES GIVING EFFECT TO THE RIGHT TO EDUCATION Education Act 1996 48. Since 2003, the Government has made primary education compulsory for every Malaysian child. This is provided for under Section 29A of the Education Act 1996. To support the realisation of compulsory primary education for all children including those with disabilities, Section 40 of the Act requires the Education Minister to provide special education in special schools or designated schools. Section 40 The Minister shall provide special education in special schools established under paragraph 34(1)(b) or in such primary or secondary schools as the Minister deems expedient. Education (Special Education) Regulations 2013 49. The Education (Special Education) Regulations 2013 (‘the 2013 Regulations’), which was enacted on 18 July 2013, provides the fundamental basis for special needs education for children with disabilities in Malaysia. These Regulations revoke the earlier controversial 1997 Regulations which restricted the access to special education programmes to those children with disabilities who are “educable” and are able “to manage themselves without help”. 50. Under the 2013 Regulations, children who intend to enrol in special needs education will be required to attend a probation period of no more than three months at a school to determine their suitability. After completion of the probationary period, the school at which the child attended will submit a Report to a panel, comprising the headmaster/principal, the state education officer and social welfare department officer, for consideration. 51. Despite the encouraging change in the new Regulations, some have argued that the three-month probationary period under Regulation 413 would have a same effect as the 1997 Regulations which required a child with disabilities to be “educable” for enrolment in school.14 “Regulation 4. Requirement to attend probation period (1) For the purpose of determining the suitability of a pupil with special education needs to attend the Special Education under subregulation 5(1), the pupil shall attend a probation period of not more than three months at a government school or government-aided school. (2) Upon completion of the probation period referred to in subregulation (1), the school attended by the pupil during the probation period shall prepare and submit a probation period report to a panel. (3) The panel referred to in subregulation (2) shall consist of the following members: (a) the Principal, Head Teacher or Senior Assistant for Special Education; (b) the State Education Department Officer or District Education Officer; and (c) the Social Welfare Department Officer or Persons with Disabilities Development Department Officer.” 14 As conveyed by the National Early Childhood Intervention Council (NECIC) in their feedback to the Commission through an email dated 27 February 2015. 13