Disability standards for education
The main purpose of the Disability Standards for Education 2005 is to clarify the obligations of education and training service providers, and the rights of people with disability, under the Disability Discrimination Act 1992 (the DDA). The Standards were developed in consultation with education, training and disability groups and the Human Rights and Equal Opportunity Commission (now called the Australian Human Rights Commission).
The Standards are accompanied by Guidance Notes. These are intended to assist people in interpreting and complying with the Standards. The Notes are intended to enhance people’s understanding of the scope and practical application of the Standards.
What do the Standards do?
The Standards are intended to give students with disability the same rights as other students. All students, including students with disability, should be treated with dignity and enjoy the benefits of education and training in a supportive environment which values and encourages participation by all students. The Standards aim to overcome discrimination based on stereotyped beliefs about the abilities and choices of students with disability.
The Standards give students and prospective students with disability the right to education and training opportunities on the same basis as students without disability. This includes the right to comparable access, services and facilities, and the right to participate in education and training without discrimination. Such rights are not merely formal. Education providers have a positive obligation to make changes to reasonably accommodate the needs of a student with a disability.
The Standards also address harassment and victimisation of a student with disability. Education providers are obliged to put in place strategies and programs to prevent harassment and victimisation. They must ensure that staff and students know not to harass or victimise students with disability, or students who have associates with disability. An education provider must take reasonable steps to ensure that staff and students know what to do if harassment or victimisation occurs.
Who has to comply with the Standards?
The Standards apply to the provision of education and training to persons with disability by ‘education providers’, including:
- the Commonwealth
- a State
- a Territory
- a public authority of the Commonwealth
- a public authority of a State or Territory, or
- a private sector organisation.
How does an education provider comply with the Standards?
An education provider must make ‘reasonable adjustments’ to accommodate a student with disability. An adjustment is a measure or action taken to assist a student with disability to participate in education and training on the same basis as other students. An adjustment is reasonable if it does this while taking into account the student’s learning needs and balancing the interests of all parties affected, including those of the student with the disability, the education provider, staff and other students.
In determining whether an adjustment is reasonable, an education provider should take into account information about:
- the nature of the student’s disability
- his or her preferred adjustment
- any adjustments that have been provided previously
- any recommended or alternative adjustments.
This information might come from the student, an associate of the student, independent experts, or a combination of these people.
An education provider should ensure that the student, or an associate of the student, has timely information about the processes for determining whether the proposed adjustment would cause unjustifiable hardship to the provider. The provider should also ensure that these processes maintain the dignity, respect, privacy and confidentiality of the student and the associates of the student, consistent with the rights of the rest of the community.
The provider may consider all likely costs and benefits, both direct and indirect, for the provider, the student and any associates of the student, and any other persons in the learning or wider community, including:
- costs associated with additional staffing, providing special resources or modifying the curriculum
- costs resulting from the student’s participation in the learning environment, including any adverse impact on learning and social outcomes for the student, other students and teachers
- benefits of the student’s participation in the learning environment, including positive learning and social outcomes for the student, other students and teachers, and
- any financial incentives, such as subsidies or grants, available to the provider if the student participates.
The DDA and the Education Standards do not require changes to be made if this would impose unjustifiable hardship to a person or organisation.
What happens if there is a breach of the Standards?
If a person thinks that they are affected by a breach of the Standards, they can make a complaint to the Australian Human Rights Commission. The Commission can investigate the complaint and try to resolve it. If the Commission decides a complaint cannot be resolved, the matter can be taken to the Federal Court of Australia or the Federal Magistrates Court.
You can contact the Commission to make a complaint or for more information on their role.
