The current study starts from the fact that the right to education – a fundamental human right – should be organized in such manner as to ensure equal opportunities for all persons. First of all, it refers to the prohibition of all forms of discrimination. Even though national and international regulations may state this clearly and in both general and specific terms, the right to education and its effective application remains a problem for certain categories of persons. The arbitrary separation of children with disabilities in special schools, the maladjustment of schools generally in meeting the needs of persons with disabilities and even the unavailability of special forms of education, remain realities in some states. In this context, the current study reflects on the way in which the right to education is guaranteed for persons with disabilities, focusing on the Romanian legislation and advocates the inclusive education of these persons.