Mixed reaction to disabilities law

By Maggie Taggart
BBC Northern Ireland education correspondent

Young people with disabilities who feel they are being discriminated against in school or college are to get new legal protection.

Disabled students will be protected by the new law

The idea is to improve the quality of education for those with special educational needs who often do not achieve well in school.

The move has been generally welcomed, but some pressure groups say it is not strong enough and complain that it has been too long in coming.

At the moment, schools are exempt from disability discrimination laws when it comes to protecting pupils' rights to a suitable education.

The new law is likely to be passed by the end of this year, with a September 2005 deadline for action - three years after similar laws were brought in for England, Wales and Scotland.

Schools have to fight for the extra facilities and staffing to accommodate children with special needs Maggie Taggart BBC NI education correspondent

Pressure groups such as Disability Action say they are glad the law is finally on its way, but are concerned about the provisos included.

For instance, a child who has a "statement" of special education needs will have stronger rights to get a place in mainstream school, but only as long as that does not hamper the education of other pupils.

The Department of Education says, in effect, this will mean not accepting children who are likely to be violent or very disruptive.

The new law also proposes that schools will have to "take reasonable steps to ensure pupils with a disability are not at a substantial disadvantage".

Pressure groups and a number of politicians believe safeguards built in for schools and education boards weaken the legislation.

They say that parents may have to test it in the courts if their children are still not getting an equal chance in education.

'Floodgates'

Teachers are worried that this law might open the floodgates for many more children with difficulties to enter mainstream schools without proper funding.

In future, if this law goes through, it will be illegal for schools to refuse a place to a child simply because of their disabilities.

But schools have to fight for the extra facilities and staffing to accommodate children with special needs.

The Irish National Teachers' Organisation says that this comes with a high price tag.

The union says there is little evidence that the government is able to provide the necessary resources to help teachers and schools meet new demands.

The Department of Education and the Department of Employment and Learning are carrying out checks of schools, colleges and universities to establish the cost of providing facilities for pupils with special educational needs.

However, the law does not say all schools need to have every single facility and service accessible to every child.

Every school will have to know what it needs by September 2005, but there will be no penalties for the school if the work is not actually done.

The education and library boards will have to appoint an independent figure to mediate in disputes, before they reach a tribunal stage.

The draft order is out for consultation until 28 June.