Inclusive Education: What the law says
By Cristina Palomino and Jeyra Vargas
“Inclusive education… (is) a process of addressing and responding to the diversity of needs of all learners through increasing participation in learning, cultures and communities, and reducing exclusion from education and from within education”
Colombia is still experiencing a transition from a place where people with disabilities were treated as outcasts to a country that incorporates inclusive education practices into its society. Therefore, Colombians are still adapting to living by new rules and rights, making our nation a place that, in the short term, will hopefully be more tolerant and respectful. When it comes to inclusive education, our society seems to still be struggling to adapt to these new regulations. It is perhaps for this reason that we still see big numbers of people complaining about inclusion of disabled people in, for example, public schools classrooms. This happens despite the global tendency to acknowledge the fact that people with disabilities must be part of society as any other non-disabled peers. What these opponents fail to understand is that the problem is not including people, but creating the conditions where this inclusion is successful and beneficial to society as a whole.
Therefore, in our purposes of raising new generations that are much more open to and smart about inclusion, it seems paramount to know what our legal system says about inclusive education. UNESCO (2009) describes inclusive education as “a process of addressing and responding to the diversity of needs of all learners through increasing participation in learning, cultures and communities, and reducing exclusion from education and from within education”. In Colombia this right was implicitly mentioned for the first time in the Constitución Política de Colombia (1991) when the State was appointed as responsible for granting all Colombians with access to a quality education, including people with physical and mental impairments as well as with exceptional abilities. Subsequently, a vast number of decrees and laws to guarantee that this mandate is followed by law-abiding practices.
One of them is the Decree 1860 of 1994, which suggested the introduction of exceptions to the curriculum and the creation of additional activities within the academic calendar to help learners with disabilities reach their goals. Two years later the Decree 2082 of 1996 established the implementation of several strategies to include people not only academically but also in the social and working spheres. Besides, this decree also demanded these institutions to provide technological and therapeutical support, as well as flexibility in the activities. Moreover, it appointed academic and scientific organisms to advise teachers in charge of diverse classrooms and provide them with permanent training in the development of methodological strategies. Hence, as you can see, this legal framework has already been available for twenty years and some schools have tried to adapt to it. But it is evident that we are still failing, not only in guaranteeing disabled people access to high quality education, but also in understanding the effect successful integration of disabled people in our society may have in the long run. It is worrisome however that, despite the existence of a legal framework, inclusive education has not yet found a solid, permanent place in our educational system. One of the things that we have failed to do is to provide teacher with the necessary theoretical and practical tools to attend to all type of students in the classroom.
Additionally, Decree 366 of 2009 stated that students with disabilities and exceptional talents have the right to an education where they are not discriminated and are allowed to partake in the class community. This Decree presented a detailed description of how education should be provided for these learners; it addresses local authorities to promote teachers training in inclusion and supplies diverse schools with pedagogical support, human resources and suitable infrastructures. Besides, local authorities are required to hand in reports on the number of students with disabilities entering schools so the MEN can allocate the necessary resources to schools where these students are registered. This is why you can now see some ramps in public schools and universities. However, that is usually the only infrastructure that has been adapted for these kind of students.
Another important aspect of this law is the fact that it emphasized that in each classroom there has to be a maximum of 10% cognitively impaired students. Therefore, in a regular Colombian classroom, there can only be four of these students approximately. In the same vein, it says that the percentage of students with motor disabilities in a classroom should be of no more than 20% of the learners enrolled, and that in these classrooms,there must be a specialized or tutor who assists the teachers and learners. Although we regard this is a fantastic idea since it allows Special Education Needs (SEN) students to interact with regular classmates, we reckon this is an overwhelming situation for teachers, since the majority of them are not properly trained and do not count on the support of specialized tutors to deal with such diversity. Consequently, it turns to be a highly challenging endeavor if the teacher is not prepared and does not have any support network to turn to.
During the Ley 1349 de 2009 was passed. In 2009, Law 1349 of 2009 approved the adoptionof the ‘Convention on the Rights of Persons with Disabilites’. The purpose of this convention was to promote and protect the full enjoyment and conditions of equality of all fundamental human rights for people with special needs and to promote the respect of the inherent dignity among the society. Also, this convention gave the opportunity for disabled professionals who were skillful at using Braille and sign language to become members of the educational community. In the education field all the States that abide by the convention, have to certify that all people with Special Educational Needs receive a long-life education. Today, it is every day more common to see students with different disabilities entering university and obtaining their diplomas.
One of the latest regulations is the Decree 1618 of 2013, which asserts that the MEN has to design an intersectoral program that assists the family of children and teenagers with disabilities, which we acknowledge as an amazing idea to help those families that do not have a clue of how to manage cases like these. Furthermore, the State must verify that all public school exams be inclusive or accessible. Likewise, this organization must guarantee that these children and teenagers have free access to primary and high school education.
Regarding higher education, the MEN has to provide young adults and adults with access to it; hence, the MEN must find a way of encouraging universities or programs alike to invest time and economic resources in research and technological strategies. However, at Colombian universities there is not enough research on this topics and the facilities are not user-friendly. Furthermore, we usually find that these adaptations to students with needs are scarce, and not many teaching programs promote students awareness of diverse classmates. This law also asserts that Colombian universities must promote teacher training in inclusive education regardless of the type of teaching they provide as well as to include classes that adress these issues in the curriculum. Unfortunately, this is a regulation that has been neglected by many university programs, especially when it comes to the English teaching study plans. According to Vargas, Palomino & Zambrano (2015), research shows that only 13 out of the 52 English Teaching programs available in the country have a subject that educates teachers so that they can respond to these challenges, but it is a fact that in these courses their training is not comprehensive at all, regardless of the requirements of this law.
To conclude, much has been written about inclusive education in our country for the last two decades. The already mentioned decrees and laws are the most important one of a wide range of agreements and mandates that promote a friendly classroom environment that embraces students with different talents and disabilities. However, such regulations do not assure that the rights of children with disabilities are being respected and that educational institutions are doing a great effort to provide them with methodologies, approaches and facilities that make them feel part of the school community. That is why, these efforts are kind of pointless if there is not regular supervision by local authorities.
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