Examining Teachers' Responsibilities and Rights in Implementing Inclusive Education within the Legal Framework

Abstract

This study examines the roles of teachers in implementing inclusive education within the South African legal framework. Teachers often struggle to understand and meet their legal obligations despite existing policies. The research explores how legal and policy documents influence teachers’ practices and their ability to support learners with disabilities. A qualitative research design was used within an interpretive framework to analyse key legal and policy documents, including the South African Schools Act and White Paper 6 on Inclusive Education. The thematic analysis highlighted key themes concerning teachers’ responsibilities, learners’ rights, and legal obligations in inclusive education. The findings highlight four key themes: (1) the state’s legal commitment to inclusive education, (2) teachers’ responsibilities in fostering an inclusive learning environment, (3) the rights of learners with disabilities, and (4) the professional and ethical standards guiding inclusive education. Legal documents underscore the state’s duty to provide equitable access to education and support mechanisms. The study identifies a gap between policy expectations and teachers' practical realities, with many lacking clarity on their legal responsibilities. While the legal framework for inclusive education is intense, insufficient training and support impede effective implementation. Professional development and more transparent guidelines are crucial to address this issue. Implementing inclusive education requires better alignment between legal frameworks and classroom practices. Strengthening teacher training and providing clear policies and institutional support will create equitable learning opportunities for all learners, especially those with disabilities.