Lecture 3 - ED2095 - Inclusive Legislation and Model of

Education Support
Policies and Acts
Laws and policies regarding inclusion of students with special educational needs in
schools in Australia include:
! Equal Opportunity Act (1984)
! Social Justice Policy 1993
! School Education Act 1999
! Disability Discrimination Act (1992)
Disability Standards in Education 2005
! UN Convention on the Rights of Persons with Disabilities 2006
! CEOWA/AISWA Policies
Equal Opportunity Act 1984
Enrolment:
Cant discriminate because someone is disabled (impaired) or make it
conditional that they are enrolled. School:
You cannot, due to a students disability, deny them access to benefits, expel the
student, or subject them to other detriment.
Doesnt apply if you are trying to enrol in a school setting that caters for those with
specific impairments that you do not have.
Does not apply if the enrolment of the student would cause the school unjustifiable
hardship.
Social Justice in Education
Disability Policy states that:
Students have the opportunity to be educated in the most
educationally enhancing environment.
Students are educated as close as possible to their homes and
with their same-age peers.
Parents receive appropriate advice in order to make informed choices for their
children.
(Education Department of Western Australia, 1993, p. 3).
Chambers 2014

Social Justice
Gender policy states:
Gender will not be a variable affecting student participation,
achievement or options.
The curriculum is enriched through including perspectives from
both genders.
Girls and boys experience a school culture which meets their
specific needs.
Students from Non-English Speaking Background (NESB) policy states:
Students will participate in the curriculum fully with their NESB
needs taken into account.
All students will be equipped to appreciate and respect different
cultures and their contribution to Australian Society.
NESB parents and students will be informed about educational

matters and contribute to the decision-making in the school. (Education

Department of Western Australia, 1991, p.5).
Justice Policy (CEOWA)
4. Principles
4.1 Catholic schools (CS) value human diversity which is demonstrated by practical
responses to diverse learning needs and abilities.
4.3 The ethos, policies, curriculum, interactions and protocols of Catholic schools
emphasise the sacredness of human life and the dignity of the individual.
4.4 Catholic schools promote justice to all, especially those who are culturally, socially,
physically, intellectually, financially, emotionally or spiritually disadvantaged.
4.5 Catholic school communities promote the Christian belief that the rights and needs of
others must always be respected and that individual rights must be balanced with the
wider common good.
4.7 Catholic schools work in partnership with families and the wider community to provide
what students need to realise their potential.
4.8 Catholic schools promote the right of consultation and decision-making at appropriate
levels of authority.
4.9 Resources shall be shared equitably. All students shall have access to the same
opportunities and outcomes in so far as resources permit.
4.10 Members of school communities shall have access to all the resources and support
they need to participate in decisions which affect their own development and those of
their community. (CEOWA, 2008)
Chambers 2014

Anti-Discrimination
Racial Discrimination Act 1975
Racial Hatred Act 1995
http://www.racismnoway.com.au/classroom/lesson_ideas/2001083 1_38.html
https://www.humanrights.gov.au/our-work/race-discrimination
Sex Discrimination Act 1984
https://www.humanrights.gov.au/our-work/sex-discrimination
Age Discrimination Act 2004
https://www.humanrights.gov.au/our-work/age-discrimination
School Education Act 1999
Objects:
Ensure every child receives an education
Determines where the education can be given
To provide government schools that meet the needs of all students To
acknowledge the importance of parent participation
To provide a number of alternatives at the secondary level
Key Points relating to inclusion
Part 9. All children must be enrolled in an educational program.
Part 73. (2). The Principal has final say on the content and implementation of the
programme for a child with a disability
Part 82. (2) Children must be a resident of the State and Local Intake area, have
an available educational programme, and have an available classroom
place.
Part 84. Taken into account: any suffering, benefit or detriment, additional costs,
effects of behaviour or disability on participation.
Part 87. Disabilities Advisory Panel

Part 104. Family Financial Hardship Reduction or waiver or any fees and charges,
or deferred payments
ACARA (Australian Curriculum and Reporting Authority)
The Australian Curriculum is based on the assumptions that each student can
learn and the needs of every student are important. It enables high expectations
to be set for each student as teachers account for the current levels of learning of
individual students and the different rates at which students develop.
English as an additional language or dialect (EAL/D).
Aboriginal and Torres Strait Islander students.
Students with special education needs.
Chambers 2014

Salamanca Statement and Framework for Action 1994

All children:
Have a fundamental right to education
Have unique characteristics, interests, abilities and learning needs
Take into account this wide diversity
Access to regular schools
Attend regular schools that combat discriminatory attitudes, create
welcoming communities, build an inclusive society and achieve education for all.
(Adapted from the Salamanca statement, article 3 UNESCO Guidelines for
Inclusion: Ensuring Access to Education For All.)
Disability Discrimination Act 1992
It is illegal to discriminate against someone on the basis of disability. Affects:
Work, Education, Accommodation, Services
Sets out rights of students and legal obligations of service providers Deals in broad
terms only.
Direct Discrimination
Occurs when a person with a disability is treated less favourably than a person
without the disability would be treated in the same or similar
circumstances.
Indirect Discrimination
Occurs if a person with a disability is required to comply with a condition or
requirement which he or she cannot comply with and which a substantially
greater proportion of people without than with the disability can comply with, and
which is not reasonable.

Disability Standards in Education 2005 What are they?

Clarify legal obligations already existing under the DDA
State the rights of students with disabilities
State the legal obligations of ALL education and training providers

Why do we need to know about them?

In order to effectively comply with the requirements for educators.
School may ask you to be involved in the process of complying with the DSE
in relation to a number of the Standards.
Chambers 2014

Covers five areas:

Enrolment
Participation

 Curriculum development, accreditation and delivery Student support services

Elimination of harassment and victimisation
Terminology Used

Reasonable adjustment Unjustifiable hardship On the same basis as

Examples of Reasonable Adjustments
Arrangements for a student in a wheelchair to attend a school graduation
ceremony
Enrolment of a student with an intellectual disability in a mainstream school
On the same basis
An education provider treats a prospective student with a disability on the same
basis as a prospective student without a disability
Means:

Enabling students with disabilities to participate equitably in education Ensuring a

level playing field
Closing the gap in student learning outcomes
2 Stages in determining unjustifiable hardship Assessment of the adjustments the
student needs Assessment of the effects of the adjustment
Example of Unjustifiable Hardship
Providing a full time education assistant for all students with disabilities
Requiring that there be a minimum of two disabled toilets located on every
school site
Unjustifiable hardship may include financial hardship and inability to
provide appropriate programs.
Chambers 2014

Case Scarlett Finney v Hills Grammar School (NSW)

Case Clarke v Catholic Education Office & Anor (ACT)
Enrolment
Information should be available in a number of formats and be easy to follow
Procedures can be completed easily
Information about entry requirements and courses and programs available
is given
Participation
Flexible courses and programs
Additional support where necessary
Activities included wher student is able to participate
An alternative activity is available as a reasonable substitute
Activities outside of the classroom are designed to include the student
Curriculum
Delivery modes and learning activities take student needs into account
Study materials are available in an appropriate format
Additional support provided where necessary
Assessment is adapted to allow the student to demonstrate knowledge and
understanding
Student Support Services

 Staff should be aware of specialised services available to students

Collaboration with specialist service providers
Necessary specialised equipment provided
Appropriately trained support staff are made available
Harassment and Victimisation
Policies explicitly address harassment and victimisation for people with disabilities
and their associates
Complaints process is fair, transparent and accountable
Professional development is provided to detect and deal with harassment
Exceptions
Part 10:
The education provider is not unlawful if they can prove that there is
an exception.
It is not unlawful to comply if that means unjustifiable hardship for the
provider.
Chambers 2014

All circumstances are taken into account. These include the effect of the
adjustment on others, the costs and benefits.
If there is an danger to public health the provider can isolate or discriminate
against a person with a disability.
Special measures may be taken to specifically benefit students with a disability.
Review
Part 11:

Review is to be conducted after 5 years to determine effectiveness of the

standards.
They are to be reviewed every five years thereafter.
A review of the 2005 standards has just been completed.
A number of recommendations have been made in the areas of:
raising awareness
address access, participation, discrimination and inclusion (include a
requirement to develop individual education plans for students in
schools).
complaints, accountability and compliance

UN Convention on the Rights of Persons with Disabilities (2006)

Australia is a signatory.
To promote, protect and ensure the full and equal enjoyment of all
human rights and fundamental freedoms by all persons with disabilities,
and to promote respect for their inherent dignity.
Persons with disabilities are not viewed as "objects" of charity, medical
treatment and social protection; rather as "subjects" with rights, who are capable
of claiming those rights and making decisions for their lives based on their free and
informed consent as well as being active members of society.
CEOWA
Students with Disability
All Catholic students in Western Australia have an equal right to an appropriate
and inclusive education in a Catholic school.

 The majority of students with disabilities in the Catholic system are enrolled in their
local school. Students may receive assistance through a range of options
including:
Access to Learning Support Teachers Small group or individual instruction
Teacher Assistant support.
A number of schools have an Education Support Centre where students may
receive additional support with specialist staff.
Chambers 2014

Depending on needs and abilities some students may work primarily in the
centre, while others will spend the majority or the whole of their time in regular
classes with varying levels of support.
AISWA
All AISWA schools are Independent, therefore there is n central body that sets
policy.
Each school will have an individual policy and programs for students with special
needs.
Model of Education Support
Continuum of services model
Educational Support
Resources

CEO - Special Learning Needs Team " Teams located in districts

AISWA Inclusive Education Consultant
" Three consultants who visit all schools
DET - Centre for Inclusive Schooling
" School Psychologists
" Teams for severe disabilities, learning difficulties, vision and
hearing impairments, Autism
Human Rights and Equal Opportunity Commission (HREOC) case Scarlet Finney
http://www.humanrights.gov.au/disability-rights-homepage
Disability Standards in Education 2005 http://docs.education.gov.au/documents/
disability-standards-education- 2005
School Education Act 1999 http://www.austlii.edu.au/au/legis/wa/consol_act/
sea1999170/
Chambers 2014