disconnection people experience when separated from their whānau, peers,
communities, and cultures.41
32. Disabled people and their representative organisations have raised similar concerns about the
government proposals. Education for All and its associated forum members – which include
representative organisations of disabled people – have spoken collectively against the
government proposal to expand enrolments in residential specialist schools.42 Their view is
that financial resources used to support residential specialist schools would be better used for
effective educational inclusion. In an open letter dated 28 April 2022, they said:
‘We believe that this is a serious equity issue. Financial resources that could be
directed at effective educational inclusion are being used to support an outdated
model of how to care for young disabled New Zealanders. Currently children and
young people attending Residential Specialist Schools receive between ten and
twenty times the highest average level of resourcing as a child or young person
attending their local school.’
33. In addition to the right to inclusive education, disabled people have the right to be consulted
and actively involved with the development and implementation of policies that affect them
and others.43 Disabled people and their whānau must be recognised as partners and not
merely recipients of education.44 However, relevant groups including disabled adults, children
and their whānau have not been publicly or comprehensively engaged with. Instead, the
Ministry of Education has undertaken ‘targeted engagement’ over a short time period.
Recommendations:
The Commission recommends that the New Zealand Government:
a) Does not progress with the proposal to remove three of the four current entry
requirements for direct access pathways to enrolment in residential specialist schools.
41
42
43
44
Ministry of Education data, released through Official Information Act 1982 requests, show that
incidents of restraint occurred 35 times between August 2021 and February 2022 in one residential
specialist school with a reported role of 8 students. This compares to 523 incidents of restraint across
all mainstream schools over the same period, with over 800,000 students enrolled. Physical restraint is
5,732 times more likely to occur in a residential specialist school than in a regular school. The ongoing
Royal Commission of Inquiry into Abuse in Care has also highlighted the risks to children of residential
care, for example the abuse that occurred of learning disabled boys at Marylands
https://www.abuseincare.org.nz/our-inquiries/abuse-in-the-care-of-the-catholic-church/marylandsschool/
and the
treatment
of
disabled
children
at
the
Kimberley
Centre
https://www.abuseincare.org.nz/our-progress/library/v/68/statement-of-sir-robert-martin-mnzm and
https://www.abuseincare.org.nz/our-progress/library/v/148/statement-of-gay-rowe-for-paul-bealefor-state-redress-hearing.
Education for All “An open letter”, above n 35.
CRPD, Article 4(3).
General Comment No.4, above n 24, [7].
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