Background
Of the 1,559,297 students learning in Israel's various educational institutions, approximately 10% are students with special needs. Approximately 36,000 of these students learn within the Special Education system, while others are integrated into the general educational system. From inquiries and appeals that have reached Bizchut, it is clear that the educational system can only partially address the needs of these children.
Special Education
The purpose of the Special Education Law - 1988, was to advance and develop the abilities of children with special needs, and to ease their integration into society and the workforce. According to the law, any child between the ages of three and twenty-one with physical, developmental, or emotional disabilities is eligible for special education. Special education is free, and is available to children within their own communities, or as close as possible to the child's home. According to the law, special education includes physiotherapy, speech therapy, and occupational therapy as befitting the child's needs.
According to the law, a placement committee decides whether a child is eligible for special education and then determines the educational framework that is most appropriate for him or her: a regular classroom, a special education classroom within a regular school, or a separate special education school. The parents of the child have the right to participate in the committee's deliberations, and to receive the committee's decision with explanations of their considerations. Parents also have the right to appeal the decision of the committee within 21 days of receiving the decision, before a district appeals committee.
The principal of the school in which the student learns must convene a follow-up hearing before the placement committee once every three years, or sooner if he feels a change is appropriate for the particular student. The parent of the child can also call for an early hearing if a full year has passed since the previous hearing.
Inclusion of Children with Disabilities into the General Education System
The Right to Learn in the General Educational Frameworks
The Special Education Law - 1988, specifies that the placement committee must give priority to the integration of children with special needs within the general educational framework. The right to learn in the general educational framework is part of the greater right of people with disabilities to take part in communal life and its activities as full and equal members of society. Inclusive frameworks fall directly in line with the currently accepted educational approach - that it is essential for children with special needs to acquire normative behavioral skills, while at the same time it is necessary to create a more tolerant society. Inclusive frameworks fill both these functions.
The Reality - Discrimination
Unfortunately, the Ministry of Education has interpreted the law in a way that is detrimental to the aim of mainstreaming children with special needs. According to the ministry's interpretation, only children enrolled in separate special education schools are eligible to receive the therapies and services that they are promised under the Special Education Law. A child with special needs who is enrolled within the general educational system is not eligible for anything other than the extremely limited services offered in the 'basket' of services established by the managing director of the ministry. For the purpose of illustrating the problem, consider the situation of the following students with special needs: a child with hearing impairment who cannot integrate into a normative classroom without the aid of a communications clinician and proper acoustic conditions; a child with visual impairment in need of Braille equipment; a child with Down's Syndrome who needs a special escort throughout the school day; a student with learning disabilities who needs remedial instruction. A student with special needs would receive all of these services at a special education school. The same child, integrated into the general educational framework, would receive almost none of these services.
The Forum of Organizations and Parents for Mainstreamed Children
Bizchut has received numerous inquiries and appeals from parents whose children have been mainstreamed into the general educational system without having their special needs addressed. In light of the many appeals, Bizchut established the Forum of Organizations and Parents for Mainstreamed Children, comprised of representatives from NGOs and of parents of children exhibiting the full range of disabilities (visual and hearing impairment, learning disabilities, children with Down's Syndrome, etc.) The Forum studied the existing situation in the schools and the relevant legal issues, and then met with senior officials in the Ministry of Education to discuss the problem. Subsequently, representatives of the Forum have been invited to participate in various committee discussions held by the ministry.
Draft Amendment to the Special Education Law
After a through review of the situation, the Forum came to the conclusion that the essential problem with mainstreaming was a direct result of the Ministry of Education's problematic interpretation of the Special Education Law. In order to address the problem, the Forum, under the tutelage of Bizchut, initiated draft legislation to amend the existing law, so that all special needs children would have the right to receive appropriate services and therapies regardless of the educational framework in which they were enrolled. The draft legislation was introduced to the Knesset by MK Zevulon Orlev, Chairman of the Knesset Educational Committee, and was approved by the committee for second and third readings.
The Margalit Committee to Assess the Implementation of the Special Education Law
In the beginning of 2000, then Minister of Education Yossi Sarid appointed a committee to assess the implementation of the Special Education Law. The committee, headed by Prof. Malka Margalit, was comprised of academics, representatives of the Ministry of Education, and representatives of Bizchut. The committee presented its official report and recommendations to the Education Ministry in July 2000, and among it principle findings are the following:
'It is the right of special needs children to learn together with children their own age, to reach achievements commensurate with their abilities in striving to achieve their full potentials, to take part in the culture of children their own age in their own communities - and it is the obligation of society to ensure these rights and prevent their infringement. Such rights can only be mitigated when there are extenuating circumstances, and with consideration for the family's wishes.'
'In the distribution of resources, preference must be given, in accordance with this implementation plan and the changes in the law: to implementing mainstreaming and integration programs based on the right of students to learn with children their own age and to take part in their culture and social structure; to employ affirmative action within discriminated population sectors and specific groups; and to create oversight and evaluation mechanisms to track the implementation of change.'
Integration as Viewed by the Supreme Court
In response to a petition filed by the Yated - Children with Down's Syndrome organization, the Supreme Court ruled in August 2002, that children with disabilities are eligible to receive appropriate services and therapies in any school in which they learn. The court attached great importance to the integration of special needs children in the normative educational framework. Justice Dalia Dorner ruled that the Ministry of Education's interpretation of the Special Education Law was discriminatory and unreasonable. She states:
'Coercing parents to give up on the integration of their children (with special needs) into the normative educational system, solely because of their own financial difficulties, is very grave and cannot be accepted. This sort of coercion harms the very notion of substantive equality, which expresses itself in the provision of free education, whose aim (accomplished through the allocation of education budgets) is to grant equal opportunity to every child in Israel to fulfill his or her inherent potential. Consequently, students with special needs who, solely because of budgetary considerations, are put in special educational franeworks and not in the normative educational framework are denied this opportunity. The resulting discrimination is unacceptable.'
The court ruled that the state must plan, in all haste, to meet the requirements of law, no later than the submission of the 2003 budget.
The Rehabilitative Day-Care Law
According to the Rehabilitative Day-Care Law, a pre-school child is entitled to treatment and education in a rehabilitative day-care center, as close as possible to his residence, with the appropriate services to meet his needs.
To be eligible, the child must meet the following conditions:
- The child is between 1 and 3 years old.
- The child meets one of the two following conditions: a diagnostic committee (in accordance with the Assistance Law - Treatment of the Mentally Retarded ) has established that the child is 'mentally retarded'; or that the child is declared by the National Insurance Institute to be eligible for children with disabilities allowances.
- An evaluation committee establishes that the child is in need of treatment offered by the day-care centers.
Transportation in the Special Education System
Background
According to Ministry of Education statistics, the ministry provides transportation services to approximately 23,000 special education students each year.
The Law
According to the Safe Transportation Law for Children with Disabilities of 1994, children with particular special needs (as detailed in printed regulations) are eligible for free transport from their home to their school and back again. The local municipality in which the child resides is responsible for organizing and financing such transportation. In 2002, the law was expanded to include pre-school children (aged 1-3) enrolled in rehabilitative day-care centers.
Additionally, according to the Safe Transportation Regulations for Children with Disabilities (Eligibility Rules) of 1998, a child is eligible for an adult escort in addition to the driver, if he or she meets any of the following conditions:
- The child is eligible for education under the Special Education law, where a placement committee has established that the child suffers from mental illness, autism, a severe behavioral disorder, or severe to moderate developmental disabilities.
- The child suffers from cerebral palsy or other severe physical disability.
- The child has been determined by the exceptions committee of the Ministry of Education to be eligible for an escort.
In cases where there is a disagreement between the parents and the local municipalities, the parties can turn to the exceptions committee.
The Reality
The Safe Transportation Law has not been fully and adequately implemented. Each year, Bizchut receives many complaints from parents whose children are eligible for transportation and escorts and yet do not receive them. Moreover, drivers receive no special training for the transportation of children with disabilities. The vehicles in which the children are transported are often (in violation of the law) not modified to meet the special needs of the children. As a result, children can be seriously injured while riding to and from school.
The Forum for Transportation Coordinated by Bizchut
In light of the many complaints we received, Bizchut initiated the Forum for Transportation in order to identify the reasons for the non-implementation of the law and in order to address these inadequacies. The Forum is comprised of professionals who have worked in the special education system in Israel, and parents of special needs children who believe in the imperative of correcting the current situation.
In order to thoroughly study the situation, Forum members have met with many officials, including officials of the Ministry of Education, local authorities, and transportation companies. The Forum determined that the primary difficulty lies in the lack of training for escorts and for drivers, as well as the lack of supervision of the implementation of the law. Parallel to the study, the Forum embarked on a publicity/information campaign to increase public awareness about the matter and to recruit additional volunteers for future activities. Forum members are also investigating the state of transportation for special needs students in the rest of the world, and are currently collecting materials and translating them into Hebrew. This material will serve as the basis for a program to train and educate drivers and escorts.
Special Education in the Arab Sector
The Special Education Law establishes that all children with special needs between the ages of 3 and 21 are eligible for enrollment in an educational framework that addresses their special needs, including paramedical therapies. The law also states that priority is to be given to the integration of the student with special needs within the general educational framework.
Accordingly, since the law first went into effect in 1992, significant advances have been recorded in the Jewish sector. Unfortunately, this is not the case in the Arab sector, where many special needs children have never been diagnosed and where many stay at home without being enrolled in any educational framework whatsoever. Most of those Arab children who have been identified and diagnosed with disabilities learn in frameworks that are inappropriate for their particular needs. Autistic children learn together with deaf children, children with emotional disabilities learn together with children with severe developmental disabilities, etc.
One of the reasons for this situation is the lack of general awareness in the Arab community, and especially the lack of awareness among parents of children with special needs, of the rights granted to these children by the Special Education Law. Without an awareness of their rights, parents cannot demand them.
The Forum for Special Education in the Arab Community
Because of the harsh situation, the Forum for Special Education in the Arab Community was established in order to address the inadequacies of special education in the Arab sector. The Forum is comprised of the organizations Kesher, Adalah, Bizchut, and Shatil. Among the Forum's activities, several 3-session workshops have been held in Sachnin, Um el-Fahm, Tira, and in the Negev. The workshops were designed for parents with the goal of increasing their awareness of the rights of special needs children in the educational system. Following some of the workshops, participants formed parent committees that are still active. The Forum also participates in ministerial meetings and in the Knesset.
The Forum is currently reevaluating its activity. It is reassessing its goals and investigating the possibility of expanding to accept new member organizations.
The Hotline for Children with Special Educational Needs
In 1998, Bizchut established an office in Nazareth in order to advance Special Education interests in the Arab community. The new office included a public inquiries hotline in Arabic, where parents of children with special needs could call to receive information about the Special Education Law and the rights that their children are entitled to.
The coordinator, Arij Mansour, delivers lectures in the Special Education school system and in various social service bureaus on the matter of special education. Additionally, Ms. Mansour counsels and guides parent groups and individual parents in their struggle to realize their childrens' rights.
You can reach the hotline at the following numbers:
Phone: 04-601-3949 Fax: 04-656-6386
If no one is there to answer your call, please leave a message with your name and phonre number and Ms. Mansour will return your call.
