• Right to education

My son is a student of class 6 studying in a CBSE school in Doha Qatar . My son is a special needs child suffering from Autism . The school wants to fail him . I do not want to fail my son because the failure is no fault of his . He does not get a scribe to write for him .They only read and makes him write .This makes it difficult for him .
Can the school fail him ? Will my son be under the protection of the Indian constitution or will he be under the mercy of the school because we are based in Qatar . Please review and advise .
Best Regards
Manoj
Asked 9 months ago in Constitutional Law from Qatar
The action of school is violative of the fundamental rights of your son. The school is bound to provide a scribe to him. If you go to court you will surely get some appropriate relief. The remedy for you is to move the High Court against the decision of school to deny a scribe to him.
Ashish Davessar
Advocate, Jaipur
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1) CBSE Board in india has recently issued a circular which  says, ``It is being reiterated that any school which fails to provide attention to a child with special needs or makes a pretext of denying admission to any category of differently abled children will be liable to stringent action even to the extent of disaffiliation.'

2) The circular makes it mandatory for schools to have a special educator and to create an ``individual evaluation programme'' for special children based on their abilities and skill sets.

3) Since special children may not be able to focus on the teacher during classroom interactions, and their pace of learning may be at variance with the rest of the class, schools have been told to allow a parent or aide to sit with the child in class and motivate him to ``move along with the rest of the class''.

4) rule 24 Blind, Physically Handicapped, Dyslexic, Autistic, and candidates with disabilities as defined in the Persons with Disabilities Act, 1995 appearing for the Secondary School Examination or Senior School Certificate Examination is permitted to use an amanuensis and shall be allowed an additional time as given below:
For paper of 3 hours duration       60 minutes
(i)	For paper of 2½ hours duration    50 minutes


5)  Rule 25  OF CHAPTER 4 RELATING TO USE OF AMANUENSIS AND APPOINTMENT OF AMANUENSIS

(i)(a) To a Blind, Physically Handicapped, Spastic and candidates with disabilities as defined in the Persons with Disabilities Act, 1995.
(v) The services of amanuensis shall be provided free of cost.



6) in your case if your sons school want to fail your son and does not permit your son a writer you can raise the issue with the CBSE board in quatar 
Ajay Sethi
Advocate, Mumbai
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According to the Right To Education (RTE) Act, every child has the right to education and schools have to take steps to integrate special children with conditions such as autism, learning disability or cerebral palsy.

2) Persons with Disabilities Act, 1995, which was revised in 2011, includes provisions for people with autistic spectrum disorders.

As per the changes, an autistic child will get free education till the age of 18 and have access to special schools.

3) in maharashstra Students can get writer. If they are writing on their own and get tired in between, they can be provided a writer in between from the school.

4) there must be some guidelines framed by the Board in quatar . it is better t you get in touch with Board and request them to direct school to provide writer for your son 
Ajay Sethi
Advocate, Mumbai
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1) you have to lodge complaint against the CBSE school in Quatar with the Head office that CBSE guidelines are not being followed 

2) request head office to issue directions to the school to follow the CBSE guidelines 

3) if no action is taken file RTI application as to what action has been taken against school for flagrant violation of guidelines 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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The jurisdiction lies with courts in Delhi and where the parents of this student have their permanent residence in India. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) there are number of lawyers on this website from Delhi contact any of them 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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You are free to engage any lawyer from this portal.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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