Sam has foetal alcohol syndrome and is severely intellectually impaired, but the Free State department of education and a special needs school have ignored a 2018 high court order that she be found a place in the classroom.
Last week Cassim returned to the high court in Bloemfontein to compel various respondents, including the education department and a special needs school, to adhere to the original court ruling. Cassim argues in her founding affidavit that the respondents had undertaken to assess Sam so that she could be admitted to a school but that nothing had been done past the point of doing the assessment.
The papers cited a report by the Xhariep education district that, after assessing Sam, it recommended that Lettie Fouché School admit her. The report stated that the school would evaluate her and admit her in January or February 2019 “due to the urgency of the matter”. Instead, Cassim says in the papers, in April 2019 the school “changed the goalposts” and said Sam needed to be treated for her addiction and behavioural problems.
The school states a number of reasons it has not admitted Sam — the Covid-19 regulations, that its staff members are not trained to deal with Sam’s addiction and that it is not obliged to meet Cassim’s demands. Instead the school argues that it should be allowed to run its process and only then can it meet its legal obligation.
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