Legal analysis of the right to education : adequate education for borderline learners

Abstract

The history of the South African education system is one that is tainted by inequalities and restricted access. The Bantu educational system, with its racially separated education facilities, ensured that the black child stayed a marginalised group. Within the new constitutional dispensation, the hope existed that all students will have access to equal levels of quality education, with Section 29 of the Constitution specifically guaranteeing that everyone has the right to basic education. To repair the injustice and discriminatory practices of the past, a system of inclusive education has been introduced, with the aim of granting educational access to all children. However, it has become apparent that this system could be perpetuating a form of the injustice that it aimed to fight. Inclusive education, with the aim of making no distinction in the student body, is creating a new marginalised student: the borderline student. These are students who do not have a cognitive impairment, but have what is known as a “below average IQ”. Recent studies show that, for many of these students, the inclusive education system is failing to address their unique educational needs, limiting their participation and pushing them to the peripheral edge of the educational system. This is a complex and serious problem that needs to be addressed at a policy level. This legal-educational presentation aims to provide an exploration of the borderline student and addresses the question as to why they are falling between the cracks of the inclusive education system.