CRPD/C/GC/4
reciprocal: an inclusive approach can make a significant contribution to the quality of
education.
Adaptability
26.
The Committee encourages States parties to adopt the universal design for learning
approach, which consists of a set of principles providing teachers and other staff with a
structure for creating adaptable learning environments and developing instruction to meet
the diverse needs of all learners. It recognizes that each student learns in a unique manner
and involves: developing flexible ways to learn, creating an engaging classroom
environment; maintaining high expectations for all students while allowing for multiple
ways to meet expectations; empowering teachers to think differently about their own
teaching; and focusing on educational outcomes for all, including persons with disabilities.
Curricula must be conceived, designed and implemented in such a way as to meet and
adjust to the requirements of every student, and provide appropriate educational responses.
Standardized assessments must be replaced with flexible and multiple forms of assessments
and the recognition of individual progress towards broad goals that provide alternative
routes for learning.
27.
In accordance with article 24 (2) (b) of the Convention, persons with disabilities
must be able to attend primary and secondary schools in the communities where they live.
Students should not be sent away from home. The educational environment must be within
safe physical reach for persons with disabilities and include safe and secure means of
transportation; alternatively, it must be accessible through information and communications
technologies. However, States parties should avoid relying exclusively on technology as a
substitute for the direct involvement of students with disabilities and interaction with
teachers and role models within the educational environment. Active participation with
other students, including siblings of learners with disabilities, is an important component of
the right to inclusive education.
28.
In accordance with article 24 (2) (c), States parties must provide reasonable
accommodation to enable individual students to have access to education on an equal basis
with others. “Reasonableness” is understood as the result of a contextual test that involves
an analysis of the relevance and the effectiveness of the accommodation and the expected
goal of countering discrimination. The availability of resources and financial implications is
recognized when assessing disproportionate burden. The duty to provide reasonable
accommodation is enforceable from the moment a request for such accommodation is
made.10 Policies that commit to reasonable accommodation must be adopted at the national,
local and educational institution levels, and at all levels of education. The extent to which
reasonable accommodation is provided must be considered in the light of the overall
obligation to develop an inclusive education system, maximizing the use of existing
resources and developing new ones. Using a lack of resources and the existence of financial
crises to justify failure to make progress towards inclusive education violates article 24.
29.
The Committee reiterates the distinction between the general accessibility duty and
the obligation to provide reasonable accommodation.11 Accessibility benefits groups of the
population and is based on a set of standards that are implemented gradually.
Disproportionality or undue burden cannot be claimed to defend the failure to provide
accessibility. Reasonable accommodation relates to an individual and is complementary to
the accessibility duty. An individual can legitimately request reasonable accommodation
measures even if the State party has fulfilled its accessibility duty.
10
11
8
Committee on the Rights of Persons with Disabilities, general comment No. 2.
Ibid.