A recent Administrative Court ruling is reshaping the debate over the provision of learning support assistants for students with special needs attending private schools, after annulling a previous decision by the Ministry of Education to deny such support.
The case brings back into focus a long‑standing issue that has also been raised in parliament, concerning children with disabilities who face barriers or exclusion within private education.
The judgement was referenced in a parliamentary question submitted by Nicosia MP Irene Charalambidou, asking the Ministry of Education to clarify its position on the implications of the court’s decision. According to the question, the ruling overturned an earlier ministry decision not to provide a learning support assistant to a student with special needs.
Referred to the Legal Service
In its response, the Minister of Education, Athina Michaelidou, said the ministry is examining both the content of the ruling and its potential implications for the interpretation and application of legislation governing special needs education.
She noted that the decision raises questions regarding the scope of the state’s obligations, particularly in cases involving students with disabilities who attend private schools.
The ministry has referred the matter to the Legal Service for further assessment, including legal, administrative, practical and financial dimensions, as well as possible impacts on the current framework for special education provision.
Until the legal evaluation is completed, the ministry said it will continue applying existing legislation and administrative procedures, without pre‑empting any changes to its responsibilities.
Intervention by the ombudswoman
The issue gains additional significance as it has previously been examined by the House Education Committee, where complaints were raised about refusals to provide learning support assistants, even in cases where parents were willing to cover the cost themselves.
At the time, the Ministry of Education maintained that such matters fell under the internal regulations of private schools. However, the Commissioner for Administration, Maria Lottidou, had already intervened, highlighting the need to ensure reasonable accommodations within private education and to prevent the exclusion of children with disabilities.
The development now shifts the debate beyond political and social considerations, placing it firmly within the legal sphere. The court ruling effectively requires the state to reassess the limits of its responsibilities towards students with disabilities, regardless of whether they attend public or private schools.
