1 Disability Standards for Education 2005 Issues for School Principals

Australian Association of Special Education (AASE) The Australian Association for Special Education Inc. (AASE) is a broad-based non-categorical association concerned with all who have special education needs. 2 Cont’d

AASE AASE aims to:  Advocate on behalf of people with special education needs to ensure provision of an access to quality education services  Provide a range of quality services to members of the wider community. 3 Cont’d

AASE Any person interested in these aims may be a member of AASE Members include parents/caregivers, teachers, therapists, community members, administrators and university lecturers. 4

Disability Standards for Education 2005 AASE full supports the development and the implementation of the: Disability Standards for Education 2005 This presentation is part of an education program developed by AASE to support the implementation of the Standards. 5 Cont’d

Disability Standards for Education 2005 This Disability Standards for Education 2005 did not introduce anything new into the system. The purpose of the Standards was to clarify the rights of a student with a disability in relation to education and the responsibilities of people and organisations providing educational services. 6

Disability Discrimination Act (1992) This Act provides the framework for the Standards. Seeks to eliminate discrimination on the grounds of disability Sets out the rights of people with disabilities and legal obligations of service providers. 7

Disability Standards for Education 2005 The Objectives of the Standards are: To eliminate, as far as possible, discrimination against persons on the grounds of disability in the area of education and training To ensure as far as practicable that a person with a disability has the same rights to quality education and training opportunities as the rest of the community. 8 Cont’d

Disability Standards for Education 2005 Objectives To promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. 9

Who is bound by the Standards? The Standards (Part 1.5) identify the following service providers: Pre schools Schools in the public sector Schools registered through school registration authorities in the private sector Post compulsory education and training authorities and providers. 10 Cont’d

Who is bound by the Standards? Higher education providers Providers of adult and community education Bodies whose purpose is the development and accreditation of curricula training packages or courses used by education authorities, institutions or providers. 11

What do the Standards require? They require a student with a disability to be treated “on the same basis” in the areas of: Enrolment (Part 4) Participation (Part 5) Curriculum Development, Accreditation and Delivery (Part 6) Student Support Services (Part 7) Elimination of Harassment and Victimisation (Part 8) 12

Meaning of “On the same basis” The Standards clarify the meaning of “on the same basis” through Part 2.2 e.g Enrolment “Person with a disability is able to seek admission to or apply for enrolment in an institution on the same basis as a prospective student without a disability if the person has opportunities and choices in their admission or enrolment that are comparable with those offered to other prospective students without disabilities”. 13

Reasonable Adjustments The Standards require education providers to make reasonable adjustments to ensure the needs of a student with a disability are being met. Part 3 of the Standard clarifies “adjustments” and “reasonable adjustments”. 14 Cont’d

Reasonable Adjustments An adjustment is considered reasonable in relation to a student with a disability if it balances the interests of all parties affected To assess reasonableness, take into account: ―The student’s disability ―The views of the student or associate ―Affect on the student ―Affect on anyone else ―Costs and benefits. 15 Cont’d

Reasonable Adjustments The Standard requires reasonable adjustments to be made at: Enrolment (Part 4) Participation (Part 5) Curriculum Development, Accreditation and Delivery (Part 6) Student Support Services (Part 7) Elimination of Harassment and Victimisation (Part 8). 16

Consultation with the Students The Standards make it clear that decisions in relation to “reasonable adjustments” must be made in consultation with the student or an associate of the student (Part 3.5) The Standards also clarify the importance of making reasonable adjustments over a reasonable time frame. 17

Compliance with the Standards The Standards outline a range of measures for educational providers to consider in each of the key areas. 18

Compliance with the Standards Enrolment (Part 4) Compliance measures include: Provision of information about the enrolment process Enrolment procedures Provision of information about entry requirements, course choices, progression and educational settings. 19

Compliance with the Standards Standards for Participation (Part 5) Compliance measures include: Sufficiently flexible course or program activities Review of course or program requirements Negotiation, agreement and implementation of appropriate programs to enable participation. 20 Cont’d

Compliance with the Standards Standards for Participation (Part 5) Provisions of additional support where necessary Provision of reasonable substitute activities where participation in a particular activity is not possible Ensuring participation in activities conducted outside the classroom and other extra curricula activities. 21

Compliance with the Standards Standards for Curriculum Development, Accreditation and Delivery (Part 6) Compliance measures include: Appropriate curriculum, teaching materials and assessment and certification requirements. Appropriate delivery modes and learning activities. 22 Cont’d

Compliance with the Standards (Part 6) Appropriate delivery modes and learning activities Provision of materials in an appropriate format Adjustment of teaching and delivery strategies. 23 Cont’d

Compliance with the Standards (Part 6) Design of activities conducted outside the classroom to include the student Adaptation of assessment procedures and methodologies to enable the student to demonstrate the knowledge, skills or competencies being assessed. 24

Compliance with the Standards Standard for Student Support Services (Part 7) Compliance measures include: Ensuring staff are aware of specialised support services Providing specialised support services Providing necessary specialised equipment Providing appropriately trained support staff. 25

Elimination of Harassment and Victimisation Along with the provision of a quality education the Standards require educational institutions to put in place positive messages to eliminate harassment and victimisation of a student with a disability. 26 Cont’d

Elimination of Harassment and Victimisation The Standards outline measures for compliance including: Development of appropriate policies, procedures and codes of conduct for staff and students Appropriate procedures for handling any cases of complaints of harassment and victimisation. 27 Cont’d

Elimination of Harassment and Victimisation Provision of appropriate education and advice to staff and students about maintaining an environment free from harassment and victimisation on the basis of disability Appropriate management of any cases of complaints of harassment and victimisation. 28

Can an Institution Decline an Application for Enrolment under the Standards? Yes. If that Institution can demonstrate…. Unjustifiable hardship Protection of public health Special measures. 29

Unjustifiable Hardship In considering unjustifiable hardship, the following must be taken into account: The nature and benefit or detriment likely to accrue or be suffered by persons concerned The effect of the disability of the person concerned. 30 Cont’d

Unjustifiable Hardship The financial circumstances and the estimated amount of expenditure required to be made The provision of services or the making available of facilities. 31

Who decides if a hardship is unjustifiable or not? The initial decision of whether to accept an enrolment or not from a student with a disability lies with the Principal of the educational institution. They are encouraged however, to ensure that any decision to decline an enrolment is only taken after significant consultation with all key stake holders including the student, classroom teachers and parents/primary caregivers. 32

Protection of Public Health If the student’s disability is an infectious disease or other condition and it is reasonably necessary to isolate or discriminate to protect the health and welfare of the student with a disability or the health and welfare of others, this is considered an appropriate exception to the Standard. 33

Special Measures Provision of special measures for the benefit of students with disabilities to meet their special needs in relation to education and training is allowed as an exception to the Standard. 34

Can the Decision of an Institution to Decline an Enrolment be Appealed? Yes. Appeals are lodged with the Human Rights and Equal Opportunity Commission (HREOC) The initial phase of the appeal is usually a conciliation session. 35

Human Rights and Equal Opportunity Commission (HREOC) If the conciliation session is unsuccessful the appeal will move to a formal hearing. The HREOC website contains excellent case studies on; Successful conciliations Successful appeals Appeals that have been dismissed 36

Disability Standards for Education 2005 The Standards clearly outline the responsibilities of service providers in all key areas of education The Standards raise issues for all key stakeholder groups in the provision and management of that education Outlined on the following pages is an identification of issues for Parents. 37

Issues for School Principals Issue – Parental Choice. 38

Issues for School Principals Issue – Consultation Practices. 39

Issues for School Principals Issue – Enrolment Decision. 40

Issues for School Principals Issue – Enrolment Practices and Procedures. 41

Issues for School Principals Issue – Professional Development in the Application of the Standards. 42

Issues for School Principals Issue – Leadership. 43

More Information AASEwww.aase.edu.auwww.aase.edu.au HREOCwww.hreoc.gov.au/disability_rightswww.hreoc.gov.au/disability_rights DESTwww.dest.gov.au/dsfewww.dest.gov.au/dsfe AASE Chapters

Thank you 45