Recognizing the special needs of disabled children, Article 23 of the CRC requires State to provide assistance designed to ensure that the disabled child has effective access to and receives education.
According to the Special Rapporteur on the Right to Education, both external and personal factors should be addressed in order to create inclusive education systems.
In other countries, children with disabilities are forced to attend separate schools instead of general schools in the community. There is no intention to create an obligation on students with disabilities to attend general schools where their needs may not be adequately met.
There was a lot of discussion in this regard, where among others the question arose whether or not special education still had to be made available. Information on antidiscrimination law prior to October is provided below:.
One of the most debated provisions concerns the restrictions to the application of the Directive under Article 3. In Spain, the concept of special education has been introduced by the Organic Law of General Arrangement of the Educational System LOGSEwhich asserted the incorporation of special education into mainstream system and stated that SEN pupils can attend mainstream or special education establishments.
Education for All Handicapped Children Act Passed by Congress inthis was the first special education law directed at students with physical and mental disabilities.