Disability Rights

Your Child Cannot Attend This Mainstream School

Q: Your child's condition is not severe enough to be considered a disability under the law.

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Q: We are not discriminating; we simply lack the capacity to provide appropriate education.

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Asserting your child's right to inclusive education under applicable law and policy

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The Situation

What They Said

“Your child cannot attend this mainstream school.”

A parent enrolled their child — who has a learning disability, autism spectrum condition, physical disability, or sensory impairment — at a local mainstream school. The principal or school governing body told the parent that the school does not have the resources or capacity to accommodate the child and that the child should be placed in a special school. No assessment process was conducted and no individual support plan was considered.

The Fallacy

Mainstream Schools Have No Obligation to Accommodate Disabled Learners

An inclusive education framework, established by national policy and legislation, makes inclusion the default, not the exception. Mainstream schools are expected to make reasonable accommodations and to support learners with diverse needs before referring them elsewhere. Automatic referral to a special school without an individual assessment, a support plan, or genuine engagement with the school's capacity is not lawful. Anti-discrimination law also prohibits schools from excluding learners on the grounds of disability.

What the Law Says

Your Legal Foundation

Ley 22.431

art. 2 de la Ley 22.431 — Disability Rights Law

“For the purposes of this law, persons with disabilities are those who have long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.”

The child's conditions (learning disability, autism, physical disability, or sensory impairment) fall under the definition of disability if they are long-term and, interacting with barriers, impede full participation. The school's refusal without assessment or support plan violates the child's right to equal participation.

What Scripture Says

God's Word on This

Matthew 19:14 (NET)

“But Jesus said, 'Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.'”

Children are to be received, not turned away — and no characteristic of a child makes them less deserving of inclusion. Schools that block the doors to disabled children echo the disciples' error, and the law echoes Jesus's correction: let them in.

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You Know the Law — But Do You Know What to Say?

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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “Your child's condition is not severe enough to be considered a disability under the law.”

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They might say: “We are not discriminating; we simply lack the capacity to provide appropriate education.”

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