School of Law, College of Law and Management Studies, University of KwaZulu-Natal, Durban, South Africa Action for Children with Disabilities, Nairobi,

Abstract

Background: The immediate implementation of early childhood education (ECE) for children with disabilities in South Africa and Kenya has been impeded by obstacles. Major gaps in implementation remain. We investigate, firstly, the widely held, but in our view fallacious, belief that the implementation of inclusive ECE can be progressively realised only when there are available resources. Secondly, we examine the other fallacious belief that children with severe and profound intellectual disabilities are ineducable, and thirdly, the belief that the provision of inclusive ECE is merely a regulatory governmental function, implying that accessibility and reasonable accommodation requirements for children with disabilities do not rest primarily on the state.Objectives: This study aimed to investigate the gaps in both countries between the policies and legislation and effective implementation, to show that these gaps are exacerbated by the perpetuation of these fallacious beliefs and by information vacuums at governmental level.Method: A critical analysis of inclusive ECE was undertaken on relevant law and policy processes in both countries to expose both governments’ reasons for their lack of effective implementation of inclusive ECE.Results: The factors contributing to the lack of immediate and significant implementation of inclusive ECE for children with disabilities in both countries have been investigated.Conclusion: Accountability and transparency need to be implemented at the governance level to ensure that both governments fully implement and prioritise inclusive ECE.Contribution: This article establishes that mistaken premises and information vacuums may be used by governments in an attempt to renege on their international and constitutional obligations to implement inclusive ECE.