Inclusive legislation ≠ Inclusive practices

What is the prize of victory if one wins the fight against the miscarriage of justice with regards to exclusion from schooling?

Entry to a school where one is not wanted.  (Slee, 2011)

A common occurrence within the domain of inclusive education is that the international legislation of the Salamanca Statement or the EFA Framework does not translate into law at the local government level.

Instead, local authorities are able to manipulate the clauses to create exemptions and exceptions (Slee, 2011; Winzer & Mazurek, 2009).

Below is an extract from a case in Australia where the school was able to avert 'breaking the law'.

The imagination and creativity applied by education leaders to maintain institutional rigidities is sometimes staggering. I can report an instance where a principal of a small rural school in Australia attempted to prevent the enrolment of a student who used a wheelchair. In the event of a bomb scare and the enforced evacuation of the school, he argued, other children would be help up behind this child in the corridor. The case out to be straightforward at law, and more importantly as an ethical issue. Sadly it is an instance where a school will expend valuable resources in its fortification from the threat of the dangerously disabled child. (Slee, 2011, p.113)

"The law does not in or of itself make an inclusive culture, but it remains an important tactical step and a force for changing community understanding as has been demonstrated elsewhere through disability discrimination law" (Slee, 2011, p.113).

Unfortunately, there is a gap between the rhetoric of inclusive education and the actual practice of inclusive action in reality.

Even though many countries have signed up to the legislation of providing inclusive education for all, many of these nations do not have a constitutional guarantee for providing the service.

"Rights are rhetorically acknowledged, but economic difficulties, cultural parameters, traditional perceptions, and bureaucratic logistics govern a restricted scope of practical acknowledgement" (Winzer & Mazurek, 2009, p. 2).

Finally, even where inclusive legislation does lead to inclusive practices, there are questions about the quality of the education being provided in some of these cases. Quality needs to incorporate the values of inclusion and human rights. Therefore, the focus needs to move away from just quantity; in other words, the number of children receiving schooling, and instead focus on the type and quality of schooling they are receiving. Only then will they be part of an inclusive education system.

Slee, R. (2011). The irregular school: Exclusion, schooling and inclusive education. London: Routledge.
Winzer, M., & Mazurek, K. (2009). Inclusive schooling; Global ideals and national realities. Journal of International Special Needs Education, 12, 1-10.