THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION 24 is committed to ensuring the availability of SEIP in more schools, where there is demand.22 3.3.2 Accessibility: Eligibility for Special Education Programmes (a) Screening and Assessment 63. At the outset of this study, the Commission noted the myriad of complaints regarding the subjectivity in the screening and assessment process necessary to identify CWLD for enrolment in primary schools. Previously, under the 1997 Regulations, only ‘educable’ children able to manage themselves without help were eligible to attend SEIP and they had to be confirmed by a panel as being suitable and capable. Children not eligible for special education programmes could attend CBR.23 This created a ‘dual’ system that arbitrarily classified children as being either ‘educable’ or ‘non-educable’, which discriminated against CWLD contrary to Section 28 of the Persons with Disability Act 2008. 64. Apart from the creation of a dual system, there were also allegations that the panel to assess the eligibility of a child was sometimes not formally instituted.24 Instead there were parents who were required to meet and present their case to each and every member of the panel separately and any observations and recommendations were made by the members in their individual capacity and not as a panel.25 65. The 2013 Regulations, however, no longer require children with disabilities to be ‘educable’ in order to obtain access to primary education. Under the new Regulations, all children with disabilities, including CWLD, will be required to complete a three-month probation period at any government school to determine their suitability for SEIP. Upon completing the probationary period, the school is required to submit a report to a Panel for consideration. 66. As discussed earlier, the three-month probationary period has been criticised as amounting to reinserting the condition for a child with disabilities to be “educable” for her / his continued enrolment in schools. In addition, parents and medical officer should also be included as members of the panel established under the 2013 Regulations. 67. At one of the Commission’s forums, the issue of screening was also highlighted. It was pointed out that the screening did not result in a diagnosis but rather it identified a child as having developmental problems compared with his/her peers. Some barriers and problems with regard to the screening test were also highlighted, namely: Response from the Special Education DIvision to the Commission through an email dated 17 April 2015. Detailed discussion on CBR in the following section of this Chapter. 24 In fact, based on the Forums organised by the Commission, most participants and speakers were unable to firmly state that the Panel was in existence in all localities. 25 Dr. Hasnah Toran, Senior Lecturer of Universiti Kebangsaan Malaysia, “Learning Disabilities: An Introduction”, paper presented at SUHAKAM Forum on the Right to Education for CWLD, April 2013, Kuala Lumpur. 22 23