Private schools cannot refuse to enroll students with special learning needs in Abu Dhabi

The Abu Dhabi Department of Education and Knowledge (ADEK) has confirmed that private schools in Abu Dhabi do not have the option to refuse to enrol students with additional learning needs under any circumstances, provided the school has the capacity to accommodate them in the appropriate year group. This aligns with the principles of Federal Law No. 29 of 2006 on the Rights of Persons with Disabilities and its subsequent amendments.

The Schools Policy on Inclusion, with which all schools must comply by the start of the 2025–26 academic year, states that school admission procedures must give priority to students with additional learning needs and their siblings attending the same school. Parents are also required to provide original copies of any clinical assessment reports conducted by relevant specialists, such as psychiatrists, psychologists or paediatricians, and provide any accommodations required by students to complete the assessment process. These assessments may not be used as a reason for refusing enrolment; using all available information to ensure safe and equitable access to learning and physical environments for students with additional learning needs; and defining “the school’s incapacity”.

ADEK further stressed the importance of supporting the transfer process for students with additional educational needs, with particular focus on the following groups: students enrolling in school for the first time or transferring from alternative early education institutions, students transferring from specialised educational centres, home-schooling or other types of education, and students participating in student exchange programmes.

All schools teaching the Ministry of Education's curriculum must comply with the requirements of Ministerial Resolution No. 647 of 2020 regarding inclusive education policy and any subsequent amendments, ADEK added.

In case of school is unable to meet the needs of any student with additional learning needs, it must submit a “notice of inability to accommodate students with additional learning needs” to ADEK, as well as to the student's parents, within seven days of making the decision on the student's enrollment.

ADEK reserves the right to accept or revoke this notice based on evidence provided by the school and other sources. Schools must make reasonable adjustments and accommodations to enable all students with additional educational needs to be admitted to school.

All students with special learning needs must be re-enrolled by their schools for the new academic year. Parents who wish to repeat a year with their child must obtain ADEK's approval, and the school must submit a request to retain the child, along with their medical report and documented learning plan.

ADEK confirmed that the majority of students with additional learning needs are enrolled in mainstream schools alongside their peers. However, students who meet the admission criteria may be considered for alternative programmes. When a school determines that a student requires more specialised care, it must first contact the ADEK, and then the parents. The purpose of this is to establish whether the student meets the admission criteria for specialised education and to identify the most suitable placement, if applicable.

ADEK noted that, if a clinical assessment diagnoses a severe case of autism in an Emirati student (and this is his/her only special need), the school may only recommend specialised learning in certain cases.

Schools must adhere to the principle of inclusion, which states that all students have the right to equitable access to education. The necessary measures must be taken to meet the needs of any students with additional learning needs within the school's fee schedule. Schools may request additional fees if a student's need for specialised intervention and support exceeds what the school can provide through its inclusion programmes, as detailed in the student's clinical report. If additional fees are required, the school must provide evidence of this through their inclusion programmes, obtain parental consent (which must be renewed at least annually or when fees change) and detail all fees charged individually, updating student records on the Student Information System.

Schools must provide parents with a quarterly statement detailing how additional fees are distributed and set a limit on fees that can be paid by parents, which must not exceed 50% of tuition fees. Any administrative fees charged to the school's therapist must not exceed 10% of the costs in accordance with the Department for Education's policy on specialist therapeutic services in schools.

If the payment ceiling is insufficient to cover costs in schools with low to very low fees, these schools may charge fees exceeding 50% of the tuition fee, provided parental consent is obtained for such payments. Alternatively, the school may request approval from the ADEK for any additional fees.

The Department emphasised that failure to comply with this policy will result in legal accountability and penalties as set out in the Department's regulations, policies and requirements.