Implementation of Educational Provision for Children with Severe to Profound Intellectual Disability in the Western Cape: From Rights to Reality

Abstract

Children with severe to profound intellectual disability have been excluded from education on the basis that their impairment makes them ‘ineducable’. The Western Cape Forum for Intellectual Disability challenged this notion through litigation against the South African Government. The ensuing judgement asserts the right to education of these children and outlines action steps for government to this end. We describe the actions taken by the Western Cape Education Department in responding to the requirements of the court by means of a document review. We then reflect on the implementation process, highlighting key learning points of relevance for others engaged in implementation. We note critical factors to be considered for the child, their families, special care centres, and the broader educational and legal systems. We conclude by outlining important considerations for the inclusion of these children within the education system in South Africa.

Keywords:

• Caregivers
• families
• intellectual disability
• severe and profound intellectual disability
• right to education
• South Africa
• therapists

Acknowledgements

The authors wish to thank all members of the Western Cape Education Department outreach teams for children with severe to profound intellectual disability who participated in this process. Your work with the most excluded of children is appreciated. We also acknowledge the powerful advocacy work of the Western Cape Forum on Intellectual Disability that provided the catalyst for change. Funding from the Consortium on Higher Education and Western Cape Government Joint Funding is gratefully acknowledged. We appreciate the contribution of Professor Roy McConkey to the conceptualisation of the thematic analysis. Finally we are indebted to our reviewers for their insightful comments and their encouragement.

Notes

1. Welfare grants given by the South African government to assist families of children who require full time care.