A 19-year-old boy who suffers from autism spectrum disorder (ASD) is suing his school and the government over not getting an education suited to his condition.

The boy, along with his foster mother Noreda Mohd Nor, named Sekolah Menengah Pendidikan Khas Vokasional in Shah Alam, its headmaster Sazali Mohd Karli, the Education Ministry and the government as defendants in a suit filed by the firm Karpal Singh & Co in the Kuala Lumpur High Court last May.

The boy and his mother are seeking a declaration that he has the constitutional right to receive a level of education appropriate to his condition.

They claim that the failure of the government to equip teaching staff to handle his ASD, implement a screening test for special needs students, and adopt a special education syllabus are violations of Article 12 of the Federal Constitution and Section 28 of the Persons with Disabilities Act 2008.

Section 28 states that persons with disabilities shall not be excluded from the general education system on the basis of said disabilities, and that they should be provided with appropriate teaching methods and curricula, among others.

The two are seeking general damages, aggravated and exemplary damages, and cost of the action.

The boy, who holds a disability card, was registered to the Shah Alam school on Jan 18 last year, and was reportedly admitted to the school’s dormitory and without proper screening to identify his specific needs.

'Bullied in school'

The boy claims that between May 17 and Nov 16 last year, he was subjected to abuse from other special needs students while he was sleeping and while conducting his prayers, which allegedly ended up with him suffering bruises.

The plaintiffs further claimed that the defendants should have provided a safe environment for the boy given his condition, as well as therapy specialists to deal with the abuse.

Although the defendants in their statement of defence agreed that the boy has a learning disability, they claimed that he did not undergo an initial screening test because he had missed the orientation week, and was on medical leave from Jan 18 to 26, 2016.

However, they said that a subsequent test was carried out within a three-month period to determine courses and subjects suited to his condition. 

It was also claimed that the school is a safe environment equipped with qualified teachers.

On the allegations of abuse, the defendants said that the police were brought in to investigate, but no charge had been levelled.

The defendants denied the bullying allegations, and claimed that there were no complaints made to the school of some of the abuses that the plaintiffs cited.

The defendants also said that they invited Noreda for a meeting with the school principal and head of the parents and teachers association on Aug 2, 2016, and another with the public complaints bureau a month later, but she is said to have missed both.

They pleaded that they had indeed provided quality special education as stipulated under the law.

During case management today, parties were asked by Justice Nik Hasmat Nik Mohamad on the possibility of a settlement.

However, lawyer Sangeet Kaur Deo for the plaintiffs said the suit also sought declaratory relief, which is vital as her client is entitled to receive quality education.

Following this, Justice Nik Hasmat set Oct 6 for case management to possibly fix trial dates.