Inclusion, exclusion and children's rights

Abstract

This case study examines the experiences of a student who was excluded twice from a mainstream school while preparing for GCSE examinations. The authors are the student and his aunt. The exclusions were for an indefinite period and were triggered as a result of the school's inability to respond adequately to recurring epileptic seizures. The student, who has Asperger syndrome and a statement of special educational needs, had not broken any disciplinary code. Teachers' understanding of the label ‘special educational needs’ is questioned. The SEN and Disability Act 2001 has far-reaching implications for school ethos and culture. Schools' failure to anticipate the needs of students with disabilities or SEN may well lead to unlawful discrimination. Inclusive schools will need to recognize that in meeting students' individual needs the institution itself may need to change. Barriers to genuine parent partnership in education must be overcome, and children's participation rights, as confirmed in the UN Convention on the Rights of the Child, must be respected.

Keywords:

• Asperger syndrome
• children's rights
• exclusion
• inclusion