SAIFAC WEBINAR: Autism and Access to Education: What does Reasonable Accommodation Require?
Date: Tuesday, 25 March 2024
Time: 16h30 – 18h00 (South African time – GMT plus 2)
Venue: Microsoft Teams Meeting – RSVP for link
RSVP: Please RSVP to naomi@saifac.org.za (please note that you are encouraged to RSVP at your earliest convenience).
About the event:
South African Human Rights Day, celebrated annually on the 21st of March, commemorates the killing of 69 people and the wounding of 180 unarmed protestors by the South African police as they stood against oppressive pass laws. Today, it honours the sacrifices of those who fought for fundamental rights and reaffirms the nation’s commitment to those rights.
In commemoration of this important day, and in memory of the late Professor Charles Ngwena—whose scholarship made a significant contribution to advancing discourse on disability rights in Africa and internationally, among other areas—the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a Centre of the University of Johannesburg, invites you to an online webinar titled ‘Autism and Access to Education: What Does Reasonable Accommodation Require?’"
Panel
• Moderator: Dr. Tracey Kanhanga (Postdoctoral Researcher at SAIFAC, University of Johannesburg).
• Professor Nokhanyo Mdzanga (Associate Professor of Education, University of Western Cape).
• Dr. Dominic Griffith (Senior Lecturer in Education, University of Witwatersrand); Moleli Nthibeli Doctoral Candidate, University of Witwatersrand); and Dr. Tanya Bekker (Senior Lecturer in Education, University of Witwatersrand).
• Dr. Diana Msipa (Manager of the Disability Rights Unit at the Centre for Human Rights).
• Professor Willene Holness (Associate Professor of Law, University of KwaZulu-Natal).
Description:
According to estimates published by the World Health Organization (WHO) in 2023 approximately 1 in 100 children has Autism Spectrum Disorder (ASD). Neither international nor South African law provides a specific definition of ASD. However, WHO's International Classification of Diseases (ICD-11) defines ASD as “a neurodevelopmental disorder characterized by persistent deficits in the ability to initiate and sustain reciprocal social interaction and social communication, as well as a range of restricted, repetitive, and inflexible patterns of behaviour, interests, or activities.” The ICD-11 also distinguishes subtypes, such as autism with or without intellectual impairment. Various international human rights instruments, organizations, and legal frameworks in other jurisdictions recognize ASD as a disability and address the rights of autistic individuals.
In South Africa, while the legal framework acknowledges ASD within the broader context of disability, there is no specific legal definition or dedicated policy addressing it. The South African Human Rights Commission has recognized the need for greater societal inclusion and support for individuals with ASD. However, despite this recognition, there is still no national policy or plan specifically designed to support autistic individuals. This gap has resulted in significant challenges in service provision, particularly in education.
Children on the autism spectrum face numerous educational barriers. South Africa has a limited number of government schools equipped to support learners with ASD, and those that do exist often have long waiting lists. Access is even more limited in rural areas, where many children on the autistic spectrum go undiagnosed and lack access to formal education. In the private sector, most schools do not cater to special needs learners, and those that do are often prohibitively expensive, making them inaccessible to socio-economically disadvantaged families. Additionally, many schools fail to provide an Individualized Education Program (IEP) tailored to the child's needs, leaving autistic learners in environments where they may grow physically but not develop adequately intellectually.
Education is not a privilege; it is a fundamental right. Section 29(1)(a) of the South African Constitution guarantees the right to basic education for all, and an inclusive education framework that accommodates children with disabilities is constitutionally mandated. Furthermore, section 5 (1) of the South African Schools Act of 1996 requires schools to admit learners and meet their educational needs without unfair discrimination.
In the landmark U.S. case Endrew F. v. Douglas County School District (2017), the Supreme Court had to engage with the rights of a child with autism to education. It discussed the standard to be applied and ruled that schools must provide an individualised education plan reasonably calculated to enable a child to make progress appropriate to their circumstances. The judgment reinforced that schools must offer more than minimal educational benefits to students on the autistic spectrum. In South Africa, the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa (2011) addressed the broader issue of educational access and quality for learners with severe disabilities. The court found that the government's failure to provide adequate and differentiated educational services violated these children's constitutional right to education (Section 29) and ordered measures to ensure access to appropriate education for those with severe disabilities.
The recognition of ASD as a disability in South Africa must be accompanied by concrete policies and frameworks to support affected individuals, particularly in education. Without targeted interventions, autistic learners will continue to face systemic barriers, undermining their right to quality education and meaningful progress.
In this light, the panellists will explore the legal recognition of ASD, barriers to education, policy gaps, and strategies for improving support, inclusion, and intervention in South Africa. Questions for consideration include, but are not limited to the following:
· What are the South African constitutional requirements and standards that apply to the right to education of children with disabilities and, in particular, to those with ASD?
· What can South Africa learn from comparative legal developments and international law? In this regard what lessons can it learn from policies in other jurisdictions
· What obligations does the state have to address the special needs of children with ASD?
· In what way do limited resources qualify the obligations of the state?
· What obligations do private schools have to educate children with ASD?
· What role can civil society play in assisting to ensure the appropriate education?