For students with autism and other disabilities, it can be difficult to receive the right help and support in school. In Sweden, all students are entitled to accommodations in school, regardless of the reason. The student has the right to education based on their own circumstances. Despite this, there are instances where students in Swedish schools don’t receive the support they need. This in turn affects their schooling negatively.
This past summer, the Swedish Supreme Court ruled that an elementary school had discriminated against a student with autism by failing to provide the special support required by the Swedish Education Act. The ruling is particularly important as it establishes schools’ responsibility to provide support to students with disabilities. This also applies in cases where a formal diagnosis hasn’t yet been made.
Delayed support led to absence in school
The case concerns an elementary school student who was frequently absent from school at the end of spring term 2017. The student exhibited difficulties with social interaction and concentration at school. However, the student didn’t receive an autism diagnosis until February 2018. Even though the school initiated an investigation and determined that the student needed special support, it wasn’t until the spring term of that year that the school developed an action plan. Due to the difficulties at school, the student’s absence continued to increase.
The Swedish Schools Inspectorate criticized the school for the lengthy process. They also criticized the fact that the action plan they eventually developed didn’t provide sufficient support.
Supreme Court: Lack of support for autism is discrimination
The Supreme Court found that the student suffered from not receiving the appropriate support in time. During the six months it took for the school to develop the action plan, the student missed large portions of their education. Although the student’s autism diagnosis came later, the Supreme Court held that the signs of disability were clear enough that the school should’ve acted sooner. The student was awarded 20,000 SEK in compensation for discrimination due to lack of accessibility.
The ruling emphasizes schools’ responsibility
This is an important ruling as it clarifies that schools have a responsibility to act quickly and provide the right support to students with disabilities, even if a formal diagnosis hasn’t yet been made. The ruling also strengthens students’ rights and puts pressure on schools to comply with the requirements of the Education Act to avoid discrimination.
