Agreement in special-needs row

Parents challenging a 1998 special-needs education policy have reached an agreement in their long-running dispute with the Government.

The settlement was reached after talks urged by High Court judge David Baragwanath, who heard the case.

The Appeal Court in February confirmed a High Court decision that former education minister Wyatt Creech acted unlawfully when he disestablished special-needs units in 1998.

A joint statement yesterday by Lianne Dalziel, the Associate Education Minister responsible for special education, and Grant Illingworth, the plaintiffs' lawyers, said they shared a common aim to improve special-needs education.

The settlement also agreed that the High Court could make consent orders concerning the unlawful disestablishment of special-needs units in 1998.

"The parties are relieved the case has finally been settled and all concerned believe the outcome will be of significant benefit to children with special education needs," the statement said.

The Crown will gather and analyse information about special education resources at school and area level to improve special-needs provision, the statement said.

Local parents and teachers will be consulted during the exercise, which will be completed by the end of 2004.

The Crown will produce comprehensive district reports on special-needs resources and promote public meetings to get feedback.

Under the settlement, the question of costs is to be decided by the High Court.

The group of 14 parents applied in 1999 to the High Court at Auckland for a judicial review of aspects of the education policy known as Special Education 2000. They argued that the Government was not meeting its obligations under the Education Act.

In April last year, the court upheld aspects of the application, which the Appeal Court overturned in February this year.

However, the Appeal Court found Mr Creech had acted unlawfully because he had failed to consider on a locality-by-locality basis whether there was suitable alternative provision.

The matter went back to the High Court for a decision and remedy.

In July, Justice Baragwanath adjourned a five-day hearing and asked both sides to consider an agreement.

The agreement

* The Government will improve services for special-needs children by the end of next year, in consultation with parents and teachers.

* The Government will also produce reports on local issues for special-needs students.

* The High Court will decide who pays the costs of the case, which began in 1999.