Supporting students with disabilities – report of the CHR
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The Commissioner for Human Rights has released a report titled "Support for students with disabilities by co-organizing teachers, teacher aides, and personal assistants for students with special educational needs." The main objective of the report is to assess the types of support these students need to effectively exercise their right to education, and to identify the challenges and barriers they face. Based on these findings, the report provides recommendations for developing solutions to initiate assistant support for students with special educational needs in preschools and schools, in line with the UN Convention on the Rights of Persons with Disabilities.
The report has been submitted to the Minister of Education in the hope that its data, conclusions and recommendations will help to improve the situation of students with special educational needs. The Commissioner closely monitors the implementation of the UN Convention, which guarantees the right to education for people with disabilities and requires public authorities to establish an inclusive education system that integrates students at all levels.
One of the key recommendations of the report is the need for a systemic regulation of the role of personal assistants for students with special needs. This position should be structured similarly to that of co-organizing teachers and teacher aides. The assistant's responsibilities should be clearly defined, and their role should align with other educational personnel. Additionally, assistants should be involved in both caregiving and educational functions, including access to student records and participation in multidisciplinary evaluations.
Another pressing issue highlighted is the long waiting times for special education diagnoses, mainly due to the overburdened public psychological and educational counseling centers. This delay threatens to undermine the quality of the assessments provided. The report calls for measures to reduce waiting times and suggests integrating observation of children in their school environment into the diagnostic process.
Teachers pointed out that the optimal classroom size for working with students with special educational needs is between 12 and 15 students. However, current regulations allow for classes of up to 29 students, which can negatively affect the quality of education. The report recommends limiting the number of students in a class and reducing the percentage of students with special educational needs in each classroom to better meet their educational needs.
The report also emphasizes the importance of continuing and strengthening anti-discrimination measures in schools to protect students with special educational needs. Although incidents of discrimination were found to be the exception rather than the rule, examples of harassment and systematic exclusion were noted. To address this, the report calls for raising awareness among the entire school community, including parents, and ensuring that students with special needs are fully integrated into school life. It also recommends the establishment of clear procedures for dealing with discrimination and the promotion of cooperation between schools and parents of students with special educational needs to ensure that every student receives equal educational opportunities.
The Commissioner highlights the challenges in providing inclusive education for students with special needs, particularly in physical education, where these students are often excluded. There is a need for more flexible curricula and tailored programs, especially for students with disabilities like autism or hearing impairments. The current curriculum lacks appropriate adaptations, and there is a call for better assessment models and more individualized support during exams. Adjusting the curriculum to meet the unique needs of these students, including specialized physical education programs, is essential.
Additionally, the Commissioner emphasizes the importance of including special education topics in teacher training programs. As the number of students with special needs has increased, teachers must have access to the necessary resources and training. The report also points to significant barriers in school infrastructure, such as a lack of accessible facilities, elevators, and specialized equipment. Therefore, it is necessary to progressively eliminate architectural barriers, guided by the principles of universal design and rational adjustment, consisting in the introduction of any necessary adaptations and modifications that do not cause disproportionate difficulties.
The Commissioner calls on the Minister of Education to review the findings and consider implementing the recommendations to improve inclusive education. The report also was sent to the Ombudsman for Children, the Government Plenipotentiary for Persons with Disabilities, and the chairmen of the relevant committees of the Sejm and Senate.
