• Education for special needs child

I have already taken your advise on several occasions .My son Abhishek 14 years of age studying in class 8 is a special needs child suffering from Autism . He is studying in a CBSE school in Qatar . Can the school fail my son  in class 8. Will the revised RPWD Act, 2016 help him have unhindered education till age 18 though he is studying abroad in Qatar in a CBSE School
Asked 1 year ago in Constitutional Law from Qatar

Hello,

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016, the said act lays a boundation on the government of India and the other appropriate authority in India.

Therefore the said act can not be enforced in Qatar, if he is failed in qatar then appropriate action can be taken against him at qatar only as per the laws of the qatar

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Hi...,

Do I know You...!

Thanks & Regards,

Ramakant Singh

www.ramakantsingh.com

Ramakant Singh
Advocate, Delhi
36 Answers
3 Consultations

4.0 on 5.0

As per newspapers reports central examinations will be conducted at class 5 and class 8 in CBSE schools. Those who fail to clear these exams will be detained,

students will be given subsequent opportunities to pass the compartment or improvement papers and will be detained if they fail here too.

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

Hello,

As the school is affiliated to CBSE it is bound to follow the laws applied in india , therefore they cannot fail your child .

Please write a letter to the principal and inform him about the same , if they refuse to notice then you should contact with the Board office .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1146 Answers
2 Consultations

4.8 on 5.0

The school is governed by CBSE than the law and notification issued by government of india and central board of secondary education shall apply and your child shall get benifit of shall.

The act in the defination clause specifies the appropriate governemnt that is the central and state government or the board constituted there under .

Also under section 16 of the act any school funded or recognised by the board has to follow it so the school is recognized by CBSE so it has to follow the act.

16. The appropriate Government and the local authorities shall endeavour that all

educational institutions funded or recognised by them provide inclusive education to the

children with disabilities and towards that end shall—

(i) admit them without discrimination and provide education and opportunities

for sports and recreation activities equally with others;

(ii) make building, campus and various facilities accessible;

(iii) provide reasonable accommodation according to the individual’s

requirements;

(iv) provide necessary support individualised or otherwise in environments that

maximise academic and social development consistent with the goal of full inclusion;

(v) ensure that the education to persons who are blind or deaf or both is imparted

in the most appropriate languages and modes and means of communication;

(vi) detect specific learning disabilities in children at the earliest and take suitable

pedagogical and other measures to overcome them;

(vii) monitor participation, progress in terms of attainment levels and completion

of education in respect of every student with disability;

(viii) provide transportation facilities to the children with disabilities and also

the attendant of the children with disabilities having high support needs.

Under section 57 get a certificate under the act for your child so there is no lapses.

Write to principal of school informing same and seek clarification from the board

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

I'm afraid the RPWD Act will be applicable to territories outside of India.

Being affiliated to CBSE Board, this particular school is bound to follow the guidelines issued by the CBSE Board in regard to the special needs of your child.

At anytime they act arbitrarily and dehors the CBSE guidelines, represent your case before the CBSE, New Delhi.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

File a writ before Delhi High Court in India. CBSE is state and cannot play with rights of PWD.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

If he is in CBSE school then the said Act will come to his rescue being Indian.

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Dear Sir,

Your sons education may be unhindered as the Act was enacted at the instance of following authorities. Please go through the links, which are exhaustive on the subject and try to take shelter under relevant provisions. Wish your son every success in his studies.

Monitoring of the Implementation of the Convention and Recommendation against Discrimination in Education (8th Consultation)

The Right to Education for Persons with Disabilities

Overview of the Measures Supporting the Right to Education for Persons with Disabilities reported on by Member States

http://unesdoc.unesco.org/images/0023/002325/232592e.pdf

http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
4688 Answers
134 Consultations

5.0 on 5.0

Since, Abhishek is studying in CBSE School , then the said India Act will also apply there in Qatar for the education or other purposes.

You should correspond/ sent a written complaint to CBSE , Delhi for the same , supporting with disabilities certificate copy , sure they will resolve the matter .

Mohammed Shahzad
Advocate, Delhi
1063 Answers
19 Consultations

5.0 on 5.0

Hi, no he can't be

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

the amended rule 25( ii)of examination bye laws dated 20.2/14 provide that scribe must be of class ;lower that one which candidate is studying . the fees shall be paid by board and candidate shall be provided scribe free of cost

2) school is bound to provide scribe free of cost . if it refuses to do so complain to board against the school

3) if student fails he would be given subseqent opportunities to pass the exams

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

this does not mean that it will be mandatory for the school to pass everyone

Also, not all the students of the class must be failing

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Sir the Act RPWD is subject to Right to Education though age under the act is upto 18 years but the no detention policy is effective till class 8th.

Also under the notification by a the central government the scribe is available to a specially Abled child a permission prior at time of filling the forms can be taken.

Also I would suggest you though under the RPWD act the provision is made to provide facility of special care and teaching to the specially abled child in school so write to principal of School seek written clarification raise concern with board. Also there are special good school for children so that they can be taken care specially, but still you want your child to continue in same school you should seek a response and act accordingly.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

As per RPWD Act, 2016, Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.

The autism affected special children have been covered under the benchmark disability.

Your question that "Can the school fail my son in class 8." has no answer in the said act.

You may clarify about this with the educational authorities governing such issues.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

The revised RPWD Act, 2016, which came into effect from April 19 of 2016.Now class 10th and class 12th are Public board exams ,so how does this apply till age 18 if this special needs child fails in the exams to continue education unhindered after class 10 ,especially if the school is not providing necessary and sufficient support by providing special educators or facility of scribe to write the exams

The act provides the following besides other benefits:

The RPWD Act, 2016 provides that “the appropriate Government shall ensure that the PWD enjoy the right to equality, life with dignity, and respect for his or her own integrity equally with others.” The Government is to take steps to utilize the capacity of the PWD by providing appropriate environment. It is also stipulated in the section 3 that no PWD shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim and no person shall be deprived of his personal liberty only on the ground of disability. Living in the community for PWD is to be ensured and steps are to be taken by the Government to ensure reasonable accommodation for them. Special measures are to be taken to ensure women and children with disabilities enjoy rights equally with others.

Persons with benchmark disabilities are defined as those with at least 40% of any of the above disability. PWD having high support needs are those who are certified as such under section 58(2) of the RPWD Act, 2016.

It means:

Person with Disability having High Support Needs: It means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58, who needs high support.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

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