Suitable Classroom Facilities for Hearing-Impaired Arab Children.

HCJ 4219/03, Hani Aamer, et. al. v. Minister of Education, et. al.

Adalah filed a petition in 5/03 on behalf of eight hearing impaired Arab children, citizens of Israel, against the Ministry of Education (MOE). Adalah demanded that the MOE reopen two hearing-impaired kindergarten classes at a school in Tirah at which the children had previously studied. In 12/02, the MOE decided to move the children to an unsafe, sub-standard kindergarten classroom. Subsequent refusals by parents to send their children to school under these hazardous conditions led to the closure of the special kindergarten classes by the MOE. Adalah argued that the MOE’s decision violates the children’s basic rights to education, dignity and equality, as well as conflicts with the stated goals of the Special Education Law (1998). In 7/03, the Court ordered the MOE to locate suitable classrooms within 15 days. The MOE identified classrooms that, while appropriate, needed extensive renovation. The MOE stated that this was the responsibility of the local municipalities. At the final hearing in 8/03, the Supreme Court ordered the MOE and the local municipalities to provide appropriate classrooms within one week, before the beginning of the new school year. It also instructed the MOE to pay NIS 10,000 in legal fees.

(H.C. 4219/03, Hani Aamer et. al. v. Minister of Education et. al.)