Clipping of news on Brazilian Culture, Law and Citizenship
06/15/2016
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Schools can not refuse students with disabilities or charge additional fee
Standard was approved by the Supreme Court on Thursday (9)
For Growing online | Agency Brazil
Research with children and disabled (Photo: Shutterstock)
Was approved on Thursday (9), by a majority vote in the Federal Supreme Court (STF), the standard of the Person Statute with Disabilities (Law 13,146 / 2015) which prohibits private schools to deny enrollment and charge additional amounts in fees people with disabilities. The law entered into force in January this year.
The rules were challenged by the National Confederation of Education Institutions (Confenen). One of the arguments was that the obligation of the host people with disabilities in classrooms affects the budget of the schools. "The contested devices also violate the principle of extracted reasonableness of the constitutional provision because frustrated and emotionally disrupt teachers and staff of the common school, regular, because they lack the capacity and expertise to handle any and all needs patients and the innumerable variations of each disability, "he said portion of the application, submitted to the Supreme Court.
According to Edson Fachin minister, rapporteur of the action, educational institutions can not choose the students who will be enrolled and not segregate students with disabilities. "Law 13,146 just seems to take this ethical commitment to host, where it requires not only only public schools but also private, must base their educational activities from all facets and potentialities that the fundamental right to education has" said.
The only dissenting vote the decision was the Minister Marco Aurelio, who argued that the state can not force schools to take all measures to accommodate disabled students without charging an additional fee. "Can not the state greet with someone else's hat. The state can not force the private sector to do what it does," he said.
The lawyer of the National Apaes Federation (Fenapaes), Rosangela Wolff Moro, pointed out during the trial that restrict access of students with disabilities is "odious discrimination" and that learning set has a double bias, as people with disabilities also learn to live with people without disabilities. "in addition to being a social right, education can not be understood as only a dump content for that person who is in private school. education is much more than that, it is to learn to live with differences, "he said.
Source: Growing
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This article was translated by an automatic translation system, and was therefore not reviewed by people.