There has been no progress on a memorandum for a legislation on education for individuals with special needs submitted to the government in July 2001, said one of its drafters today.

"It's been three years since we submitted the memorandum but nothing substantial has been done by the government," said Helen Chin, a member of the Bar Council law reform and special areas committee which drafted the memorandum.

Speaking to malaysiakini on Monday, she added that despite numerous calls on the government to amend the Education Act to accommodate the need of disabled people, the efforts appear to be futile.

The 15-page memorandum, was submitted to the National Unity and Social Development Ministry (Now Women, Family and Community Development Ministry), Education Ministry and Prime Minister's Department (Law Affairs).

Chin revealed that about 22,000 people have signed the campaign to support the memorandum.

Eradicate terms

In the memorandum, Bar Council has stated a few suggestions to improve the status and help the disabled to be independent and maximise their potential.

One of the main suggestions was to eradicate the terms 'educable' and 'non educable' from the Education Regulations 1997, which contradicts the United Convention on the Rights of the Children. Malaysia is a signatory of the Convention since 1995.

The regulations state that for government and government-aided schools, only pupils with special needs who are 'educable' will be eligible to attend special education programmes.

Those excluded are 'the physically handicapped with mental ability to learn like normal pupils, multiple disabilities or with profound handicap or with severe retardation'.

The regulation defines 'pupils with special needs' as pupils with visual, hearing impairment or learning disabilities.

The regulation also states that a pupil is considered 'educable' 'if he or she is able to manage themselves without help'.

Describing the definition as 'ultra bias', Chin claimed in a meeting with the Ministry of Education's director of planning in April, the latter informed them that the amendment to strike out the 'educable' requirement would be gazetted the following month.

"It did not happen. Then Bar Council wrote an inquiry letter and was told it would be gazetted in September, but it did not happen again," she said.

Education right

Chin, who has a 16-year-old autistic son, said those who attended the meeting were also told that children who are recognised as 'educable' must be 'toilet trained'.

"But there are still many toilet-trained disabled children who are considered 'non-educable' because of behavioral problems,"she added.

The admission of disabled children into schools is subject to their being deemed 'educable' by officers processing the applications.

On that basis, many children are denied their right to an education.