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Education rights for children with disabilities

By Raising Children Network
 
 

Whether they attend mainstream or special schools, children with disabilities have a right to the same educational opportunities as all other children. In Australia, this right is protected by law.

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Mainstream schools

All children over six have to go to school. Families of children with disabilities can choose where their child goes: the local government school, a special school or separate classes (if available).

If you’re thinking of enrolling your child at the local government school, you need to contact the school well before the enrolment date. You’ll need to give the school documented evidence about your child’s disability, such as information provided by your doctor or by a specialist who was involved in the diagnosis. The school will use this information to make an assessment about the services your child would need to function well in school.

Services and resources might include:

  • teacher’s aides
  • special equipment to improve physical access
  • occupational therapy or speech pathology services.

Non-government schools, such as private schools and Catholic schools are subject to the same laws, and have policies and programs similar to those in government schools to help school children with disabilities. Contact these schools directly to find out about their programs.

Talking with schools
When you’re talking to schools that you are considering for your child, be sure that you cover:

  • your child's strengths and abilities
  • your child’s needs and any challenges or barriers he might face at school
  • adjustments that the school could make to deal with these challenges and barriers
  • whether these adjustments are reasonable.

At the end of the consultation, ask the school to send you in writing an outline of what you’ve discussed and what decisions were made, including whether the school can make any of the adjustments discussed. It will also help you if you set a specific date by which time you can expect to receive this information.

Special schools

It is not always possible for children with disabilities to attend mainstream schools. It may be too hard for some mainstream schools to make the necessary adjustments for students with particular disabilities. Or a special school may be better suited to your child’s needs.

Disability Discrimination Act (Education Standards)
The Education Standards in the Commonwealth Disability Discrimination Act 1992 set out the rights of students with a disability and how education providers, such as schools and universities, must help students with a disability.

The main aim of the Education Standards is to give students with disabilities access to the same educational opportunities and choices as all other students.

Who is protected under the Education Standards?
The Education Standards protect any person with a disability who is enrolled in, has been enrolled in or who has approached an education provider about enrolling in a pre-school, school, college, university, TAFE or any other organisation that educates people.

Who has obligations under the Education Standards?
The Education Standards cover the following education providers:

  • preschools and kindergartens (but not child care centres)
  • public and private schools
  • public education and training places, such as TAFE
  • private education and training places, such as private business colleges
  • universities
  • organisations that prepare or run training and education programs.

What are the obligations?
The Standards say that education providers must:

  • consult
  • make reasonable adjustments
  • eliminate harassment and victimisation.

When do the Education Standards apply?
The Education Standards cover the entire time that a person attends the school or education or training course – from the time he applies to enrol right up to the time he finishes.

The Standards make it unlawful to discriminate against a person because of disability at any of the following times:

  • when an education provider is deciding what will be taught in a course
  • when a person is enrolling in school or a course
  • while a person is taking part in school or a course
  • if a person requires support services to take part in school or a course
  • when a person finishes school or a course
  • if a person is suspended or expelled from school or a course
  • if a person is harassed or victimised while taking part in school or a course.
  • The Commonwealth Disability Discrimination Act prevents mainstream schools from discriminating against children with disabilities. If a school recommends your child attend elsewhere, the main thing is to negotiate what would be best for your child.
  • If an education provider does not carry out its obligations to a person with a disability in line with the Education Standards, that person (or someone on his behalf) can make a formal complaint to the Human Rights and Equal Opportunity Commission (HREOC).

Further information about the Education Standards