State plans to fund learners with disability in private schools

Education Cabinet Secretary Julius Migosi. [File, Standard]

Learners with disability in private schools could soon get funding from the government if a proposed bill before parliament is adopted to law.

If passed, the Learners with Disability Bill, 2023, would allow the government to provide financial aid to both public and private institutions that offer special needs education.

Under the proposed legislation, the Education Cabinet Secretary would determine how funds are allocated between public and private schools.

“The Cabinet Secretary shall determine the funding procedures, provisions and minimum standards of the funding or provision of subsidies to special educational institutions and the proportion of the budget to be allocated between public and private special educational institutions,” the Bill reads.

However, private institutions could lose government funding if they fail to comply with specific guidelines, charge fees to students with disabilities, or discriminate against learners with disabilities in admissions or employment.

Any private educational institution which receives funding from the National Government and demands levies or fees from a learner with special education needs; or discriminates against a learner with special education needs in admission to its programmes… shall be disqualified from receiving financial assistance from the National Government,” the bill reads.

The bill also establishes a Special Needs Education Advisory Board within the Ministry of Education that will advise the Cabinet Secretary on matters related to special needs education, review proposed regulations, and report on the progress of special education initiatives.

At the county level, Education Boards would be responsible for identifying children with disabilities. 

These boards would conduct or arrange for assessments of every child attending or suspected of needing special education services. Parents or guardians would be notified before any assessments are conducted.

The County Education Boards would also be required to maintain a register of all learners with special needs in their area, including those receiving special education services outside of regular school programs and those not receiving any special education services.

“Every County Education Board must maintain a register of all learners with special needs in their area who are, Receiving special education services outside of regular school programs and not receiving any special education services,” the bill reads.

The bill also proposes legal action on parents who fail to take their children with disability to school.

“A parent or guardian who fails, without reasonable cause submitted to the institution and County Director of Education, to admit, cause to be admitted or ensure the attendance of the learner in school commits an offence and shall be liable, on conviction, to a warning in the first instance and a fine not exceeding five thousand shillings for any subsequence offence.” the bill reads.