The Segregated Provision - Coursework Example

INTRODUCTION The primary goal of education is to train and equip or learners with knowledge and information that is necessary for their survival and general development of the society. In the pursuit of this goal, governments through their education systems have to come up with standard curricular which clearly outlines methods to be used for standard teaching without the need for additional support to students. In the establishment of a good and practical education system, students’ human rights must be protected (Libby, 1990). Such rights include but are not limited to the right to properly supported and inclusive education. On the other hand, educators, and governments by extension, face a great challenge in dealing with students with special needs whose rights must also not be infringed. According to Kavale (2002), special needs for learners commonly include communication challenges, physical disabilities, behavioural and emotional disorders, developmental disabilities and learning disabilities. SEGREGATED PROVISION In light of the facts stated above, it has often become necessary for education systems to establish ways and means of providing special services to students with unique needs in order to meet their special learning needs separate from their “normal” peers. One common measure of intervention taken to address this often unavoidable situation is through the application of segregated provision (Libby, 1990). Indeed, common knowledge has it that children who are mentally retarded, hearing and visually impaired and sometimes physically disabled cannot learn maximally under conditions provided in the common classroom and as such need special facilities to facilitate and aid their learning and development. In other words, students with specific disabilities will most likely benefit more from different teaching approaches, additional education services and different use of technology that aid their learning. Segregated provision may generally imply separating learners with certain disabilities, limitations or exceptional qualities from their peers (or mainstream life) and providing them with more or less similar educational services in special units, schools, classes or sanctuaries – a measure that, according to certain quarters, goes against the inclusive aspect of students’ human rights (Kavale, 2002). Segregation in this sense implies separation from the normal whether fulltime/permanently or part time/temporarily. The main goal of special education is to address the particular combination of special needs and differences of an individual student. In order for this to be successfully accomplished, many times, students with special needs are separated or segregated from their peers and taught in a setting different from that which is generally established. Special education which in many cases involves segregated provision has a lot to do with individually planned and well monitored means of teaching, accessible settings, adapted materials and equipment, and certain other interventions that are put in place to help learners with unique needs realize a higher level of success and self-sufficiency than would be attained if he/she were to have access to the typical classroom training (Libby, 1990). INTEGRATED AND INCLUSIVE EDUCATION Integration generally implies meeting educational needs of students in ordinary schools as opposed to those that have a policy of segregation (Kavale, 2002). This kind of approach emphasizes the need to meet particular needs of learners and managing special needs within a mainstream school rather than categorising these cases in the assumption that specialist schools are the better option. In this regard, certain measures are taken to accommodate learners with special needs. The concept of inclusion on the other hand considers a school as a place where needs of all children should be met without having special cases identified and separated into categories (Kavale, 2002). Learners with special needs are thus included the school’s normal system of operation without offering specialist support. This approach to education involves incorporating different curriculum and organisational structures which cater for the varied needs of all learners – including those with special needs. Some experts argue that this approach is both relevant and beneficial to the entire school community and is in harmony with statutory law. Although having good intentions, there are quite a number of dilemmas hat this approach faces in its application. One main aspect is the contradiction that exists between meeting individual’s needs (which basically involves differentiation) and attempting to treat all learners equally (Kavale, 2002). These dilemmas, which remain impossible to resolve, can however be managed by for instance by grouping by ability and encouraging within-class support. Inclusion and integration, as opposed to segregation, are widely believed to improve academic achievement for many students and also helps in reducing social stigmas. STUDENTS’ RIGHTS The inherent right to education is a universally accepted recognition. This basically means that each and every person has the right to gain knowledge and acquire information. Education must also be accessible under such frameworks as are totally general and absolutely non-discriminatory (Libby, 1990). Furthermore, all standards, contents and dynamics of education must be fundamentally acceptable and basically adaptable to new and current concepts in view of its evolutionary character1. The right to education is specifically provided for in Article 26 of the Universal Declaration of Human Rights. With these universal policies and strong statements, every person is considered to have that inherent and inborn right to gain knowledge and information through a well established system of education. A necessary complement to the right to education is the right not to be discriminated against in the exercise thereof. It is thus outlined and stressed by UNESCO (United Nations Educational, Scientific and Cultural Organization) in a 1960 convention that discrimination on matters of the right to education is totally and absolutely prohibited. Under the afore-mentioned UNESCO convention, the policy against discrimination covers that which distinguishes, excludes, limits or gives preference in making available educational privileges on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth. Discriminating a person on any of these grounds may be comparable or likened to unequal treatment. As specifically described by UNESCO in Article 26 of 1960, discrimination is not allowed in every type and level of education and is meant to include any act that seeks to deny accessibility to education and its rightful standard and quality, and also the conditions which make it available. Generally speaking, the existence of any act of segregation that is harmful to learners’ development represents a violation of the students’ human rights and should not be allowed at all costs. Segregated provision that is directed towards benefiting learners with special needs however does not fall under the adverse meaning of discrimination that is meant to be prohibited by every possible means. Under the 1981 Education Act, Local Education Authorities (LEAs) have the duty of educating students with special learning needs in ordinary schools (Long, 2001) under an inclusive educational system. Exceptions to this act however exist in the following paragraph of the statutes. SEGREGATED PROVISION AND STUDENTS’ RIGHTS The practice of segregated provision has been a subject of great debate and concern. Some people argue that learners with abnormally low abilities need protection and support from their normal peers - something they cannot receive under a segregated learning setup. Others also hold the belief that segregation can be limiting and divisive against the goal of education. Furthermore, it has been argued by some that segregated provision does not necessarily lead to better learning outcomes and is thus of no positive consequence (Long, 2001). This may be seen for example in the consideration of students with disruptive behaviour; further separation would ultimately aggravate the negative condition (Oakford & Hastings, 2003). This view is particularly supported by results of a number of studies including one research that was conducted on the effectiveness of education that showed significant differences in learning progress among students with special needs (Oakford & Hastings, 2003). The results established that such students showing better progress under an integrated or ordinary school setting compared to those who were under segregated conditions. Further, an evaluation by HMI, as recorded in a 1992 Audit Commission report, found no significant differences in results between the two settings. Under these circumstances, it could well be considered that students put under segregated conditions had their rights violated. Under the most stringent interpretation of statutes, the existence of a segregated provision is the same as discriminating or classifying or dictating preferences on matters involving the right to education and is therefore a violation of the human rights of a discriminated student. Since the right to education is a fundamental and basic right, the violation even through the existence of a segregated provision is an offense committed to the concerned student. It is equivalent to a deprivation of access to education or putting a limit to such rights, or of encouraging the development of separate systems of education. CONCLUSION In view of the above arguments, it is noted that there are acceptable acts of segregation. These however are founded on the basis of aiding the process of learning for students with special needs and sound public policies. As such, these acts are not considered to go against students’ rights and are therefore considered acceptable by the implementing state or government. This in essence implies that whatever is done in the best interest of a student with a learning (mental, visual, hearing and other physical) disability, although seemingly discriminatory, may not in effect amount to infringing his/her right as a student. This said, learning institutions must endeavour to establish a system that is inclusive and supportive in line with the provisions of the established laws. What should also be done to avoid violating students’ rights is the creation of a system or institution that will offer equivalent access to education and will provide a teaching staff with qualifications of the appropriate standards to segregated learners. It must also provide school premises and equipment of good quality and must make available the opportunity to learn same or equivalent courses of study. REFERENCES Kavale, K. A. (2002), Mainstreaming to full inclusion-from orthogenesis to pathogenesis of an ide, International Journal of Disability, Development, and Education, page 48, 200-207. Libby, G. (1990), Time and learning in the special education classroom, Albany, University of New York Press, NewYork State. Long, M. (2001), Psychology of education, RoutledgeFalmer, (1st ed), London, UK. Nesara International, The Universal Declaration of Human Rights: A Magna Carta for all Humanity, Article 26, Retrieved on July 25, 2009 from http://nesara.insights2.org/UNHumanRights.html Oakford, S. & Hastings, R.P., (2003) Student teachers attitudes toward the inclusion of children with special needs, Educational Psychology, page 22, 86-87. Read More