The inclusion of students with disabilities in mainstream schools is a recurring topic during each school enrollment period. Brazilian law mandates that all students be admitted, without distinction, regardless of their condition or needs, to both public and private educational institutions. This is a legitimate right, but one that requires careful consideration by the relevant authorities when it is implemented. 

The mandatory provisions of the Statute on Persons with Disabilities run counter to the transfer of responsibility to regular schools without taking into account the different actual needs—ranging from therapeutic to medical support—of students with disabilities and their families. Furthermore, it places the burden and sole responsibility for providing schooling to children and young people with disabilities on these educational institutions, even in cases of highly complex diagnoses. 

On the other hand, Law No. 13,146/2015 also implies that the importance and relevance of the work once provided by special education institutions should not be taken into account. The closure of special schools should be reconsidered and carefully weighed, as they are specialized spaces for teaching, learning, and human development that provide an important service to society and to students with disabilities.

The law has significant inclusive value both for those who are directly served by it and for other students who experience diversity in all other social settings. There is no question as to the purpose of the legislation; however, debate and adjustments are needed to ensure that the gains brought about by the law are effective and feasible for schools. 

Educational administrators across the country are dedicated and committed to ensuring the quality of inclusion processes, even as they work under a cloud of legal uncertainty. The Statute for Persons with Disabilities must not become yet another law that “doesn’t catch on” because it is out of touch with reality and lacks effective implementation. 

There is a prevailing understanding among administrators and teachers that inclusion must be implemented responsibly, within the capabilities of each relevant authority, without imposing one-size-fits-all solutions. How can students with various disabilities and individual needs be included, all in the same classroom with the other students? If the law is followed to the letter, some students may require academic support from a professional, and in this scenario, there may be too many adults in an environment that should be free of such interference, at the risk of undermining the entire educational program.

In the vast majority of cases, the expectation of universal inclusion forces teachers to improvise. It is important for society to understand—as discussed above—that special education schools also exist and do an excellent job of addressing complex situations that regular schools are unable to handle. 

Regardless of the type of educational inclusion we’re talking about—and this doesn’t apply only to children with disabilities—the family’s role goes far beyond enrolling the child in school and taking them there. The teaching and learning process begins at school, but it requires the family’s partnership, understanding, and support.

The National Federation of Private Schools (FENEP) advocates for inclusive schools that operate responsibly, with rules and boundaries that meet the needs of both educational institutions and the aspirations and needs of families, children, and adolescents. To this end, the Federation submitted proposals to the National Education Council in late 2020, with the goal of deepening the debate and identifying constructive solutions. 
 

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