Judge orders reader for dyslexic boy in SEA exam

A HIGH COURT JUDGE has ordered that a primary school student with a learning disability be provided with a reader for the Secondary Entrance Assessment (SEA) exam on April 10.

Justice Westmin James made the order on April 4, as an interim relief in the legal challenge by the student’s father over the Education Ministry’s failure to provide him adequate support.

James ruled that while the court would not order the ministry to provide a student aide, the child would be allowed a reader for the SEA exam.

The reader will assist by reading instructions and questions for all components of the test. The judge also ordered that the special education instructor, assigned to the boy, will continue working with the student and a final practice session is to take place before the exam so the child can familiarise himself with the concessions on day of the exam.

“This decision is not intended to create a precedent,” Justice James emphasised. “It is specific to this student and aims to give him the best opportunity possible.”

Although the ministry had agreed to special arrangements for the boy who is dyslexic, his father filed an injunction for an aide to assist with his preparation.

On March 17, Chief Education Officer Dr Peter Smith, in response to a pre-action letter, said the ministry would arrange a special room for the child and give him extended time for the exam on April 10.

During the hearing, attorney Gerald Ramdeen argued that the ministry had failed the student by not implementing the necessary accommodations outlined in a psychological report. He stated that the child had been entitled to an aide since January 2024, but had not received one, which negatively impacted his learning and preparation for the SEA.

“This child has suffered by not having the benefit of an education plan catered to his diagnosed needs,” Ramdeen said. “He is going into this exam unprepared because he has not been given the tools to succeed.”

While the ministry insisted that extra time was a sufficient concession, Ramdeen argued that the student required a reader to assist with the comprehension of exam questions. He also criticised the ministry for taking action only after legal proceedings were initiated.

Ramdeen said there were discussions with the ministry, the child’s parents and educators only some recommendations were agreed on.

“This child has been failed by the system. The deficiency he has suffered, what he should have been entitled to, he has not gotten and no one can change that. The child has to go into the exam unprepared unfortunately in every aspect,” he argued.

In agreeing to order a reader, the judge also suggested the ministry think about a post-SEA plan for the child.

He has adjourned the substantive constitutional claim to July 14, after the SEA results are expected to be released as, he said, he wants to see the child’s scores.

On March 14, Ramdeen, and attorneys Dayadai Harripaul and Emily Rampersad, sent a pre-action letter to the Attorney General, arguing that the ministry’s refusal to provide an aide for the dyslexic student was unlawful.

The 13-year-old student, diagnosed with dyslexia in 2020, previously received an aide in Standard Three and the first term of Standard Four. However, he has since been without support while preparing for the exams.

Ramdeen contended that by previously assigning an aide, the State acknowledged its duty and created a legitimate expectation that the child would continue receiving assistance. He criticised the government’s allocation of $7.5 billion to education while failing to provide essential support for differently-abled students.

“The right of a differently-abled child to pursue an education at a public school without disadvantage is guaranteed under section 4(a) of the Constitution,” Ramdeen stated, adding that the State also has obligations under international conventions.

Maria Belmar and Raquel Le Blanc represent the state.