R EASONABLE A DJUSTMENTS & D IFFERENTIATION : P ATHWAYS TO S UCCESSFUL L EARNING – R EASONABLE A DJUSTMENTS – THE LEGAL FRAMEWORK Tony Shaddock PhD Professional Learning Association for Learning Support & NSW Department of Education and Communities 18 February 2014

W HAT WE ARE DOING THIS SESSION What I will do and what you will do Topics and sub-topics Related background knowledge Concepts Reasons for learning the information New vocabulary Organizational frameworks for the information Desired learning outcomes (Bulgren & Schumaker, 2001). 2

G ENERAL LEGAL OBLIGATIONS IN EDUCATION 3

T HE LEGAL CONTEXT IN REGARD TO DISABILITY 4

THE LEGAL CONTEXT – KEY VOCABULARY Adjustments “Adjustments are actions or measures taken that assist a student with a disability to:  apply for enrolment,  participate in the program, and  use the facilities or services on the same basis as a student without a disability.” (DDA, 1992) Terms such as ‘adaptations’ and ‘’accommodations have a similar meaning to ‘adjustments’, and outside the legislation, are used interchangeably. ‘Differentiation’ is a related concept. 5

THE LEGAL CONTEXT – KEY VOCABULARY Factors to consider re ‘reasonable’ The disability The student’s and/or associate’s views The effect of the adjustment on learning, participation and independence The effect of the adjustment on others The costs and benefits of making the adjustment. 6

THE LEGAL CONTEXT – KEY VOCABULARY 7

Factors to be considered re ‘unjustifiable hardship’ The nature of the benefit or detriment likely to accrue or be suffered by any person concerned The effect of the disability on any person concerned The financial circumstances – extent of cost, availability of funds Note: the burden of proof of ‘unjustifiable hardship’ falls on the person claiming unjustifiable hardship. 8

M OST FREQUENT 3 WORD PHRASES IN THE S TANDARDS 32 course or program 31 with a disability 27 the same basis 27 on the same 25 same basis as 24 students with disabilities 19 to participate in 18 without a disability 18 student without a 12 to comply with 12 the education provider 12 participate in the 12 is able to 12 education and training 12 courses or programs 12 able to participate 11 unjustifiable hardship on 11 harassment and victimisation 11 an educational institution 11 an education provider 9

T IME FOR A CHAT What issues have you/your colleagues faced when making reasonable adjustments for students with disabilities? How black and white is the decision about which students have a disability? What issues have you faced in discussing with parents and carers a student’s needs for adjustments? What has worked for you? What hasn’t? (Never waste a good disaster!) 10

R ECENT DEVELOPMENTS 11 A good framework but... LLow awareness LLack of clarity about key terms IInadequate resources and practical materials NNot enough focus on eliminating indirect discrimination IInsufficient focus on inclusive practice LLittle consultation with the student.

12 Reporting Obligations Curriculum Teacher Quality Australian Curriculum Disability Discrimination Act 1992 (DDA) Disability Standards for Education 2005 Disability Care Australia National Disability Insurance Scheme 2013 Better Schools Australian Professional Standards for Teachers and Principals My School website Nationally consistent collection of data on school students with disability NATIONAL POLICY CONTEXT

A USTRALIAN P ROFESSIONAL S TANDARDS FOR T EACHERS AND TEACHER DEVELOPMENT 13

14 The quiz revisited: Question 1 1. The main objective of the Disability Standards for Education 2005 is to eliminate discrimination on the ground of disability in the area of education and training.  A TRUE

15 Question 2 2. The Disability Standards for Education 2005 do not apply to the educational services delivered by private providers. (30 seconds)  B FALSE

16 Question 3 3. Recent statistics indicate that the Tamworth Council area has a greater proportion of people with disabilities than other regional areas in NSW (30 seconds)  B FALSE

17 Question 4 4. The Disability Standards for Education 2005 come into effect only after the student with a disability has been enrolled.  B FALSE

18 Question 5 5. In commissioning the Review of the Disability Standards for Education 2005, Kevin Rudd, quoting Plato, said, “good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws”.  B FALSE

19 Question 6 6. The Disability Standards for Education 2005 mention “on the same basis’  D 26 or more times

20 Question 7 7. Public, Catholic and large Independent schools must comply with the Disability Standards for Education 2005 but not small, independent schools with few resources.  B FALSE

21 Question 8 8. In the Disability Standards for Education 2005, “on the same basis” means that a student with a disability must have the same opportunities and choices that are comparable with those for students who do not have a disability.  A TRUE

22 Question 9 9. Tomas is a new arrival to Australia and has not had the opportunity to learn English, so is behind in class. Do the Disability Standards for Education require Tomas’s teachers to make adjustments for him? (30 seconds)  B NO

23 Question Only those students who have a formal diagnosis from a registered disability clinician are covered by the Disability Standards for Education  B FALSE

24 Question Students with dyslexia and students with ADHD are covered by the Disability Standards for Education  A TRUE

25 Question Lena is a new student at your school. She has cerebral palsy and requires assistance with mobility. Which one of the responses below best meets the school’s obligations under the Disability Standards for Education ? (1 minute) A. Review all school extra-curricular activities and cancel ones that are not deemed as being accessible for students with disability. B. Require parents of students with disability to accompany their children on excursions. C. Design activities in and out of the classroom where the needs of a student with disability are taken into consideration.

26 Question An important consideration in determining if an adjustment is ‘reasonable’ is if it balances the interests of all affected parties.  A TRUE

27 Question Compliance with the Disability Standards for Education 2005 does not extend to providing some students with a disability with very specialized services such as personal educational support or support for personal or medical care in order to access education.  B FALSE

28 Question A private art therapist employed by a school did not allow a student with ADHD to take his work home because she said he was too disorganised to complete it. Is the school in breach of the Disability Standards for Education 2005? (30 seconds)  A YES

29 Question Which is correct? The Disability Standards for Education 2005 were signed off by:  APhilip Ruddock and Julie Bishop

30 Question The Disability Standards for Education 2005 deal with harassment and victimization of students with a disability.  A TRUE

31 Question If a school could show that a student would be better off in another available school which had the adjustments required by the student, this could be taken into account in determining whether any significant adjustment at the school would be reasonable.  A TRUE

32 Question A school that rejects the enrolment of a prospective student with a disability on the grounds that the student would be able to enrol in another school, but does not refuse a student without a disability for the same reasons, is not compliant with the Disability Standards for Education  A TRUE

33 Question In practice, it is difficult for a big system like the NSW Department of Education and Communities to successfully argue that providing a student with a reasonable adjustment poses ‘unjustifiable hardship’.  A TRUE

34 Question The Disability Standards for Education 2005 mention ‘inclusion’ or ‘inclusive practice’  A Fewer than 5 times

35 Question 22 (last) 22. The Disability Standards for Education 2005 prevent education providers from establishing specialized institutions for the benefit of students with disabilities.  B FALSE

T HE LAW AND BEST PRACTICE PEDAGOGY Focusing only on the elimination of discrimination and recognition of rights in education (although essential ) is like focusing only on reducing the number of times your dancing partner says ‘ouch’! There’s more to good teaching and learning than that! 36

37 The contemporary challenge – universal design Provide adjustments for any student who needs them Teach in ways that reduce the need for adjustments in the first place

T HE CONTEMPORARY CHALLENGE Effective practice for inclusive education involves … Educators providing the reasonable adjustments that some students certainly need, and must be given, because of disability while continuing to adapt teaching, school organization, policies and structures so that adjustments become less and less necessary. 38

T HE TAKE - HOME MESSAGES Educators need to know and meet their legal obligations in regard to all students, including students with a disability Legal obligations must be met but they should not be relied on as the sole guide to effective teaching Our laws are subject to review and our knowledge of effective pedagogy is continually developing Contemporary good practice integrates services that were formerly compartmentalized in order to provide a more effective and efficient response to student diversity in all its forms. 39

L UNCH 40 Please answer these 2 questions (no names) briefly and hand in your sheet … 1. The most interesting point for me so far was … 2. It would be good to spend more time on … Exit card