medical conditions that are deemed to impose a significant cost on medical and education
services and a threshold of $41,000 medical costs over five years. Furthermore, children
deemed, but not assessed to need, Ongoing Resourcing Scheme21 funding are also denied
residency. These factors are considered along with the applicant’s connections with, and ability
to contribute to, New Zealand.
Back to top.
Inclusive education – Article 24
Advocating for an enforceable right to inclusive education for students with disabilities has been
a priority for the IMM. In 2016, the IMM released a report ‘Article 24, The Right to an Inclusive
Education’ on the progress being made in New Zealand (based on current data) toward the
realisation of the right to an inclusive education as set out in Article 24 of the CRPD.22
Section 3 of the Education Act 1989 protects the right of any person (with a disability or without)
to enrol and receive education at any school, while section 8(1) affirms equal rights to primary
and secondary school students who have ‘special educational needs’. However, the current
legislative framework does not specifically incorporate inclusive education or reasonable
accommodation principles.
In practice, many aspects of the education system in New Zealand lack consistent working
knowledge of what an inclusive education system is and how it functions. People with a disability
are at a high risk of being bullied. There is a lack of data as to what students require, what
supports students are/are not getting and the supports they need to thrive. Recently it was
discovered that children with disabilities were being held in seclusion-like conditions in several
schools. This led to the practice of seclusion being explicitly outlawed in an updated version of
the Education Act 1989.
The Government needs to gather comprehensive data and evidence to fully understand what is
required to ensure the right to an inclusive education is realised for people with disabilities.
Back to top.
Employment – Article 27
Disabled people are less likely to be employed than the general population or other minorities.
In the June 2017 quarter, disabled people were more likely to be unemployed and their average
weekly incomes were just over half those of non-disabled people.
21
The Ongoing Resourcing Scheme (ORS) provides support for students with the highest level of need
for special education to join in and learn alongside other students at school.
22
http://www.ombudsman.parliament.nz/resources-and-publications/documents/article-24-the-right-toan-inclusive-education
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