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Inclusion Rights

No school can refuse your child without a formal SIAS process. Know the law.

3 min read

South African law is clear: no school may refuse a child admission solely on the basis of disability or learning difficulty. Any refusal must follow a formal process, and even then the child must be offered an alternative placement.

The constitutional basis

Section 29 of the Constitution guarantees everyone the right to a basic education. Section 9 (the equality clause) prohibits unfair discrimination on grounds of disability. Together these provisions mean that exclusion from education on the basis of disability is unconstitutional.

What schools cannot do

  • Refuse to admit a child because they have a diagnosis (autism, ADHD, cerebral palsy, etc.)
  • Expel a learner without following the SIAS process and exhausting support options
  • Tell parents to "find a more suitable school" without formal SIAS documentation
  • Require a parent to waive the right to support as a condition of admission

What to do if your child is refused

  1. Get it in writing. Ask the school to put the refusal in writing and state the reason.
  2. Contact the District Director. Every district has a director responsible for inclusive education. Their contact details are available from the provincial Department of Education.
  3. Lodge a complaint. You can complain to the provincial Department of Education and/or the South African Human Rights Commission (SAHRC).
  4. Seek legal advice. Organisations such as SECTION27 and Lawyers for Human Rights provide free or low-cost advice in cases of educational rights violations.

Helpful contacts

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