Parents of special-needs boy, 13, demand aide for SEA prep

ATTORNEYS for the father of a special-needs boy, 13, is threatening legal action against the State for failing to provide an aide so he could prepare for the Secondary Entrance Assessment (SEA) exams in April.

Attorneys Gerald Ramdeen, Dayadai Harripaul and Emily Rampersad sent a pre-action letter to the Attorney General on March 14.

They say the Education Ministry’s denial of a special concession is unlawful. Ramdeen said they intend to seek interim relief to direct the ministry to provide an aide.

The child, who was diagnosed with dyslexia in 2020, attends a government primary school in East Trinidad.

Ramdeen said the child struggled with reading and writing at the first-year level. An aide was requested by the school when the child entered Standard Three. One was provided for that level and for the first term of Standard Four. Since then, the child has been without an aide and is preparing to sit the SEA exams in April.

Ramdeen said by previously assigning an aide, the State recognised its duty and discharged it, also creating a legitimate expectation that the child would receive one throughout his primary school education.

He said the boy’s parents were extremely concerned that he was being deprived an opportunity to receive an education. Since January, the family has been unsuccessfully appealing with the ministry to approve the application. Reasons given by the ministry for denying the request include inadequate supporting documents or updated psychoeducational assessments.

In the letter, Ramdeen said for fiscal 2025, the government allocated $7.5 billion to the Education Ministry, representing the second largest allocation for ministries.

“Notwithstanding $7.512 billion dollars being allocated to the Ministry of Education, a child with a specific learning disorder cannot get access to an aide to assist him in his educational pursuits.

“There can be no greater sign of the place that differently abled children occupy in this country under this government,” he said in the letter.

He added, “It is clear that this government has no care, regard or interest in the well-being of our differently abled children. What is clear from the budget statement is that no argument can be advanced that the State does not have the resources to provide an aide to this child.

“It is clear that in formulating the budget statement the needs of our differently abled children were not at the forefront of the minister’s considerations.

“Their numbers are too small and their needs to unimportant to those who manage the resources of this country and so theirs’ remain a voiceless unimportant minority to the Executive.”

He said the boy was guaranteed constitutional protections.

“The right of a differently abled child to pursue an education at a public school without any disadvantage is a right guaranteed under the liberty provision of section 4 (a) of the Constitution.”

He also said the State had international obligations since it is a signatory to several conventions, including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Ramdeen also referred to government policy documents on the rights of the disabled.

“These policy documents clearly outline and confirm the acceptance of the duty by the State to provide an aide to a child with special educational needs The claimant is diagnosed with Dyslexia, a specific learning disorder with impairment in reading and as such encounters and experiences academic challenges, which require additional assistance.

“The State also has a duty to offer special concessions to eligible students at the primary and secondary level to minimise the impact of a disability on the performance of a student during any educational assessment.

“The SEA examination is one of the most important and crucial examinations that a student undertakes as part of his educational pursuits in this jurisdiction.”

The State was given until 4 pm on March 17 to respond.