Legal system - Malta

Early intervention

The Maltese system for early intervention is not incorporated within a legislative framework. Early childhood education provision for children 0-3 years is not widespread in Malta although the government has introduced schemes to increase the participation rates at this level of education; the take up rate has not matched the government's efforts. This can be traced to the distinct characteristics of the Maltese islands, namely the size factor and the strong family ties where parents prefer to leave their young child with grandparents or relatives rather than in a child day care centre and also the short distance needed to travel between the workplace and the relatives' home.  Between 2003 and 2005, the research evidence highlighting the importance of early intervention in the development and education of pupils motivated, the Ministry for the Family and Social Solidarity at that time, to further develop this important building block of social policy. ‘The Ministry for the Family and Social Solidarity is preparing the necessary legislation that will give the State the power to publish regulations to set standards.’ (National Standards for Child day care facilities, 2006).

The government has introduced tax rebates on tuition fees for child day care to the child's parents and also to employers who provide child care services at the workplace. Three child day care centres have been opened on the premises of state primary schools on a public/private partnership model. This would encourage parents dropping their older pupils at the primary school to enrol the younger sibling at the child day care centre. Child care centres are mainly regulated by the standards set by the Ministry for Social Policy. Standards also ensure that premises are suitable and accessible to pupils with disabilities in compliance with the Equal Opportunities (Persons with a Disability) Act, (Chap. 413).  
Standard 10 of the National Standards for Child Day Care Facilities is dedicated to Equal Opportunities and pupils with special needs. Early Intervention and Home tuition are two other services directed by the Directorate for Educational Services. Pupils with difficulties and disabilities as part of a multidisciplinary team assessment at the Child Development Assessment Unit are referred for Early Intervention Service. The service is given to these students in their own home setting. Some private entities or foundations provide early intervention services but these are procured by the parents at their own initiative. A national policy was launched in 2006 on Early Childhood Education and Care discussing policy matters for all pupils in their early years. 

Pre-Primary – Kindergarten

Pre-primary education is provided for 3 and 4 year olds in both state and non-state institutions.
The Education Act 1988 and its subsequent amendments refer to pre-school education stating that ‘state may provide schools for infants who are under compulsory school age’. The National Minimum Curriculum (1999) that applies to all schools in Malta has the force of legislation subsidiary to the Education Act and dedicates a section to Early Childhood Education, mainly for pupils aged 3-4 years old. The National Minimum Curriculum 1999, emphasises as one of its major principles the issues of inclusive education in all years including that of early childhood. A child with apparent special needs is admitted into a mainstream kindergarten unless the parents believe that their child can receive a better education and care in a special school. If a kindergarten assistant discovers during daily contact with the child that extra support is needed the child is referred to the relevant professionals, and reports together with a referral are sent to the Statementing Moderating Panel.

Compulsory School

The Education Act 1988 and its subsequent amendments state that compulsory school starts at the age of 5 years. It clearly states that it is the duty of every parent of a minor to ensure that their child:

• is registered in a school for the first scholastic year starting when s/he is of the compulsory school age;
• continues to attend school up to the end of the scholastic year during which the minor ceases to be of compulsory school age - or up to the end of a further period as the Minister may prescribe by regulations;
• attends school every day, unless the minor has a good and sufficient cause to be absent from school.

Therefore all students with or without special needs must attend school during their compulsory education age.

The Education Act 2006 also states that ‘it is the right of every parent of a minor to give his decision with regard to any matter concerning the education which the minor is to receive’. In the amended Education Act (2006) reference is made to resource centres instead of special schools and this underlines the state’s commitment to inclusive education:

• It shall be the duty of the state to provide resource centres, whose specialised role will include provision for students with individual educational needs who would benefit more from being in such centres than in mainstream schools, for such time as may be appropriate depending on their needs;
• A minor shall be deemed to have special educational needs when the minor has special difficulties of a physical, sensory, intellectual or psychological nature.

The Equal Opportunities Act (2000) refers to education specifically by stating that it is unlawful for an educational authority or institution to discriminate against:

• An applicant for admission as a pupil on grounds of his disability or a disability of his family members by refusing to accept his application for such admission or in the terms or condition on which such educational authority or institution is prepared to admit him as a student. 
• A student on the grounds of his disability or disability of any family members by denying him access, or limiting his access, to any benefit provided by such educational authority or institution or expelling him from the educational institution he is attending.

The National Minimum Curriculum (1999) that applies to all schools in Malta and has the force of legislation subsidiary to the Education Act, recognises inclusive Education as one of the basic principles in education. This applies to all students with and without special educational needs. The educational system must also ensure the availability of structures and that all those students whose first language is not the spoken language are not excluded from the mainstream educational provision.

A document called ‘Creating Inclusive Schools’  includes guidelines for the implementation of the National Curriculum Policy on Inclusive Education.

Compulsory School for students with Special Educational Needs and Provisions at Special Schools

The Constitution of Malta states that ‘disabled persons and persons incapable of work are entitled to education and vocational training’.

The Education Act 2006 also states that ‘it is the right of every parent of a minor to give his decision with regard to any matter concerning the education which the minor is to receive’. In the amended Education Act (2006) it makes reference to resource centres instead of special schools and this underlines the state’s commitment to inclusive education:

• It shall be the duty of the state to provide resource centres, whose specialised role will include provision for children with individual educational needs who would benefit more from being in such centres than in mainstream schools, for such time as may be appropriate depending on their needs
• A minor shall be deemed to have special educational needs when the minor has special difficulties of a physical, sensory, intellectual or psychological nature.

The Equal Opportunities Act (2000) refers to education specifically by stating that it is unlawful for an educational authority or institution to discriminate against:

• An applicant for admission as a student on grounds of his disability or a disability of his family members by refusing to accept his application for such admission or in the terms or condition on which such educational authority or institution is prepared to admit him as a student. 
• A student on the grounds of his disability or disability of any family members by denying him access, or limiting his access, to any benefit provided by such educational authority or institution or expelling him from the educational institution he is attending.

Where an educational authority or institution has been wholly or primarily established for students who have a particular or specific disability, such education authority or institution may restrict admission to such an institution to persons who only have that particular or specific disability and refuse admission to other persons who do not have that particular or specific disability but another disability.
Where the admission of a person with a disability as a student in an educational institution would necessitate the procurement of services or facilities that are not required by students who do not have a disability, the educational authority or institution concerned may refuse or fail to accept the admission as a student of such person in that educational institution if such authority or institution proves that the admission of such person in such institution would require services or facilities the provision of which would impose unjustifiable hardship on the educational institution or authority concerned.

The Ministry of Education through the Ministerial Committee on Inclusive Education (MCIE) (2000) issued a policy statement about the procedure adopted for the Individual Education Programme (IEP) for students with special needs. This is called ‘Inclusive Education Policy’ regarding students with disabilities.

In 2002, guidelines for special examination arrangements for candidates with particular requirements were also issued. Special arrangements are made for compulsory education examinations and beyond. These guidelines were amended in 2007.

Job Orientation and Preparation at the End of Compulsory Education

The 1988 Education Act as amended by Act XIII of 2006 currently governs secondary education. Article 44 states that it is the duty of the state to provide for secondary education of the students of Maltese citizens being students who have completed their primary education and who do not have special educational needs. However, as many students with special needs as possible are being included in mainstream secondary education.

Article 48 of the Education Act, 2006 refers to the preparation of citizens for work and states that it shall be the duty of the state, having provided for the education of Maltese citizens, to enable them to form their own independent judgement, to establish school facilities which the State may deem necessary to provide for those citizens with the opportunity to qualify in trades, skills, artisan, technical or commercial activities, and in the profession in order to prepare, instruct and instil discipline in those citizens for work in the community.

Articles 49 to 62 of the Education Act, 2006 refer to the setting up of Colleges, their functions and administration.

Articles 63 to 71 of the Education Act, 2006 refer to the establishment and functioning of the National Commission for Higher Education.

Articles 85 to 112 of the Education Act, 2006 refer to the setting up, functions and governance of the Malta College of Arts, Science and Technology (MCAST).

MCAST has the Basic Skills Unit  and assists students who have no formal qualifications including students with Special Educational Needs and provide support in Maltese, English, Mathematics and Information Technology. The Pathway to Independent Living Course  at MCAST is a two year course for school leavers with moderate learning difficulties.

Guidance is provided to students and their parents, as in mainstream schools, taking into consideration the student’s particular disability. The Student Services Department provides the services of two transition teachers. One teacher works with students finishing their secondary schooling while another works with students in special schools and helps to co-ordinate transition to adult centres or any employment links available. The role of parents of students with special needs in special schools generally play a greater part than it does in the case of students with mild special needs in mainstream. Efforts to help students with disability to find work are made by the Eden Foundation mainly for those students who attend the Foundation’s courses. This is done in collaboration with the Employment and Training Corporation. People with disabilities receive coaching in specific training programmes including the participation of industry in certain instances.

The Link between School and the Labour Market for Adolescents with Special Educational Needs

The Employment and Training Services Act (1990) Article 16  established the functions of the Employment and Training Corporation in regards to the provision of training services.

The Employment and Training Corporation  has a section called The Supported Employment Section which supports and targets disadvantaged groups to enhance their capabilities to integrate into labour market. A Bridging the Gap Scheme  is designed to support a trainee in the transition period from unemployment to employment. It allows the employer to evaluate the performance of the trainee in the workplace, prior to proper engagement.