This issue has significant implications for disability rights – particularly CRPD, article 24 – in New Zealand. Moreover, some groups are more at risk of exclusion from education than others.36 In Aotearoa New Zealand, this includes Māori children with disabilities who are disproportionately represented in residential specialist schools.37 Enrolment criteria for residential specialist schools 26. The issue of an inclusive education system in Aotearoa New Zealand has been brought into focus again this year with the government engaging on draft proposals to review the eligibility criteria and processes to access residential specialist schools, which may have the effect of increasing enrolments in these schools. This is a retrograde step contrary to the CRPD. 27. Currently there are three residential specialist schools in Aotearoa – Halswell Residential College (Christchurch), Salisbury School (Nelson, girls only) and Westbridge Residential School (Auckland). The schools have had steadily declining rolls over the past decade or so. In 2010 there were 182 students enrolled across these three schools. In 2021 there were just 17 students enrolled across these schools.38 Despite these low numbers, the schools receive government funding for many more students.39 28. In recent years, the government has progressively adjusted enrolment criteria for residential specialist schools in a manner that is inconsistent with inclusive education. In 2018, the government created a direct-access pathway to enrolment, alongside an existing referral process. This included changing the entry criteria from requiring that the child “requires support at school, at home and in the community” to just “requires support at school.” This change meant that children with lower needs for support could now directly access residential specialist schools. Changes implemented in 2021 mean that it is no longer necessary to show that local learning support services had been “fully utilised” and found unable to meet the needs of the child. Rather, all that is required is that these supports have been “considered or 36 37 39 General Comment No.4 at [6] gives the examples of persons with intellectual disabilities or multiple disabilities, persons who are deafblind, persons with autism or persons with disabilities in humanitarian emergencies. Data from 2017 to 2020 shows that, across the remaining three residential specialist schools in New Zealand, 48% of children were Māori. See Jan et al “International Literature Review on Residential Specialist Schools for Learning and Behaviour Prepared for the Ministry of Education, New Zealand” (2021), p.18. Also Education for All “An open letter on the plans to expand enrolments in residential special schools” (28 April 2022). It was reported in March 2022 that Halswell and Westbridge had a combined roll of 23 students but received funding for a ‘notional’ roll of 64, while Salisbury School was reported as having four students but receiving funding for 20. See Sam Sachdeva Newsroom “Expanding special schools ‘preys on vulnerable families’” (18 March 2022) at https://www.newsroom.co.nz/expanding-special-schoolspreys-on-vulnerable-families. IEAG also says that the remaining three Residential Specialist Schools “have been funded for years on a notional roll of 84 students which has far exceeded actual rolls. The actual enrolments have averaged 31 or fewer over the last 5 years, from 2020 total enrolments have been less than 20.” See Education for All “An open letter”, above n 35. In 2019, the government also committed $8million NZD to rebuild classrooms and residential accommodation at Salisbury School. See Salisbury School “Board “Thrilled” about School Rebuild Plans” (13 November 2019). 11