• Right to Education

Hi .I have taken your advise on many instances before . I will appreciate a reply from Adv Ajay Sethi .
My son who is Autistic and studying in class 8 in a CBSE school in Qatar is being denied a support of a Shadow Teacher ,though his doctors in India from NIMHANS and Here in Qatar Hamed Medical Corp has advised Shadow teacher support for his growth . I have forwarded this to the principal but has refused support .The school also says they can fail or expel him from next year in class 9 .
Please revert with your advise .
Find below some advise I have from Adv Ajay Sethi earlier ,hope these still remain 
----------------------------------------------------------------------------------------------------------------------------
3)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''.
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.
----------------------------------------------------------------------------------------------------------------------------
Asked 8 years ago in Constitutional Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

Lodge written complaint against the CBSE school with the head office in New Delhi

2) mention that school is refusing to follow CBSE circular and has refused to prove shadow teacher inspite of doctor reports

3) draw attention to CBSE circular

4) ) 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.'

5)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.

6) 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''.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

1.The problem will persists if you continue to stay in Qatar.

2.There are several legal recourses available but for this the law of the land will have to be applicable to the school authorities.

3, The school having been situated in foreign land you can not invoke the laws of India there.

4.So if your want legal remedy you will have to come to India and then invoke the Disability Act.

I have though no clear idea of similar Act , if any, available in the State of Qatar.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

1) school cannot fail your child in eight standard

2) 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.

3) 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.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

This act is known as

PWD ACT, 1995

THE PERSONS WITH DISABILITIES

(EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995

PUBLISHED IN PART II, SECTION 1 OF THE

EXTRAORDINARY GAZETTE OF INDIA;

It extends to the whole of India except the State of Jammu and Kashmir.

If the CBSE school functioning in Qatar refuses to accept the provisions of this law,then the matter can be taken to CBSE authorities in New Delhi through Indian Embassy and ministry of external affairs and also ministry of social welfare department.

The law is very clear on the subject which is given below:

CHAPTER V : EDUCATION

26. The appropriate Governments and the local authorities shall-

(a) Ensure that every child with a disability has access to free education in an appropriate environment

till he attains the age of eighteen years;

(b) Endeavor to promote the integration of students with disabilities in the normal schools;

Besides ther is an appropriate fora for the redressal of grievances of parent, regarding the placement of their children with disabilities.

You may even take up the matter with the Commissioner who as per provisions of law in the referred act section 59 which read thus:

59. Without prejudice to the provisions of section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to --

(a) Deprivation of rights of persons with Disabilities.

(b) Non-implementation of laws, rules, bye laws, regulations. Executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare

and protection of rights or persons with disabilities. And take up the matter with the appropriate authorities.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Can the school fail my child in class 8 or will this apply for my son with Disabilities Act, 1995, which was revised in 2011, includes provisions for people with autistic spectrum disorders.where a autistic child will get free education till the age of 18

If your child come under the category of disabled child then the facilities applicable to other children of the category would apply to this too.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer