Diversity, inclusion and participation

1. Diversity, inclusion and participation

2. NT Anti Discrimination Act 1996 Disability Discrimination Act 1992 DET Students with Disability Policy 2008 Disability Standards for Education The big picture

3. Who is covered by the DDA/ADA? • Individuals with disabilities • Carers or associates e.g. parents, grandparents of people with disabilities, who may experience discrimination as a result of their caring role or association with a person with a disability

4. DDA Section 22: Education • In relation to education: It is unlawful for an eduction authority (body or person administering and educational institution) to discriminate against a student on the ground of the students disability. • In relation to enrolment: It is unlawful for an educational authority to discriminate against a person on the ground of disability

5. Key terms • ‘On the same basis’: An education provider treats a students with a disability on the same basis as a student without a disability • Reasonable Adjustments: Education providers are required to provide reasonable adjustments.

6. Education Discrimination: High Court decision- Purvis vs. Department of Education NSW Student in a high school, who had severe brain injury and suffered from behavioural problems and other disabilities had been suspended and excluded from school because of his misbehaviour. Suspension and exclusion = • Loss of the environment of attending schools • Loss of opportunity to complete secondary education at school and the affect of exclusion on life chances including future employment chances and earning opportunities; • Loss of expectation of receiving secondary education in a regular and local school environment • Loss of right to obtain the benefit of such an education OUTCOME: respondent to pay the complainant the sum of $49000 as compensation.

7. Discrimination • Two types of discrimination: • Direct Discrimination • Indirect Discrimination

8. Direct Discrimination A learner with a disability was not allowed to participate in a sports day. Discrimination issue: The learner doesn’t have the opportunity to participate on the same basis as other learners. The action to prevent any participation makes it direct discrimination How could discrimination be avoided?

9. Indirect Discrimination A teacher assessed the knowledge of a group of learners by requiring them all to write a report, even though one member of the group had a learning disability, which affected their ability to write effectively. Discrimination Issue: While there is the same requirement for everybody, the person with a learning disability does not have the opportunity to participate in the assessment on the same basis as other learners How could discrimination be avoided?

10. The Disability Standards for Education (2005) 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

11. 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 • 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.

12. Objectives of the Disability Standards for Education • To eliminate, discrimination against persons on the grounds of disability in the area of education and training • To ensure that a person with a disability has the same rights to quality education and training opportunities as the rest of the community • 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.

13. 5 Areas of the Standards • Enrolment (Section 4 of DSE) • Participation (Section 5 of DSE) • Curriculum development, accreditation and delivery (Section 6 of DSE) • Student support services (Section 7 of DSE) • Harassment and victimisation (Section 8 of DSE)

14. Enrolment Obligations: • Education providers must allow prospective learners with disabilities to enrol without experiencing any discrimination Measures: • information about the enrolment processes addresses needs, isaccessible, and is available in a range of formats • Enrolment process occurs within a reasonable timeframe For more measures refer to the Disability Standards for Education

15. Is this Discrimination? A boy with a psychiatric condition was refused admission to a secondary college after the principal formed the view that he was unsuitable for mainstream schooling. Discuss in pairs: • Is this discrimination Yes / No, and why? • Discuss what you would do as the principal of that school

16. Participation Obligations: Education providers must ensure learners with can participate in courses and programs and use facilities and services without a disability experiencing any discrimination Measures: • Appropriate programs necessary to enable participation by the student are negotiated, agreed and implemented • A student who is unable to participate in a program or course activity is offered an activity that is a reasonable adjustment For more measures refer to the Disability Standards for Education

17. Is this discrimination? A boy with an intellectual disability is not fully included in classroom activities or excursions and goes home earlier than the finishing time for other students. The school noted concerns regarding his ability to participate effectively, and safety issues as he has a tendency to leave the school grounds. Discuss in pairs: • Is this discrimination Yes / No, and why? • Discuss what you would do as the principal of that school

18. Curriculum development, accreditation & delivery Obligations: Education Providers must take reasonable steps to ensure that a course/program is: • Designed to enable learners with disabilities to participate in learning experiences- including assessment and certification • Planned in consultation with the learner and associate and • Has taken into consideration whether the disability affects the learners ability to participate in learning experiences Measures: • Curriculum teaching materials are available in a range of formats • Appropriate assessment/certification requirements are adapted to enable the learner with disabilities to demonstrate knowledge, skills or competencies being assessed • Program delivery modes and learning activities take into account the learning capacities and needs of the learner with disabilities and the intended educational outcomes For more measures refer to the Disability Standards for Education

19. Is this discrimination A father complained his son, who has a number of disabilities including Asperger's syndrome and Tourette's syndrome, was being discriminated against by an assessment system for English oral presentation Discuss in pairs: • Is this discrimination Yes / No, and why? • Discuss what you would do as the principal of that school to address this matter

20. Student Support Services Obligations: Education providers need to take reasonable steps to; • Ensure that learners with disabilities are able to use support services provided in general on the same basis as learners without disabilities • Ensure that learners with disabilities have access to specialised support services if necessary to be able to participate in education and training • Facilitate the provision of specialised support services to the learners with disabilities if those services are not provided by the education Measures: • Staff are aware of specialised services available and are provided with information that enables them to assist learners with disabilities to access support services • Necessary specialised equipment is provided to support learners with disabilities participating in the course or program • Appropriately trained support staff are made available to learners with disabilities, e.g. specialist teachers, learning support personnel, interpreters or scribes For more measures refer to the Disability Standards for Education

21. Example of a conciliation case in 2002 Diabetes at school A mother complained that a school had failed to take reasonable measures to accommodate her daughter's diabetes.

22. Harassment & victimisation Obligations: Education provider must: • Develop and implement strategies and programs to prevent harassment or victimisation of a learner with a disability or a learner’s associate with a disability, in relation to the disability • Take reasonable steps to ensure that its staff and learners are informed about: -their obligation not to harass or victimise learners with disabilities or learners’ associates with disabilities - taking appropriate action if harassment or victimisation occurs - complaint mechanism available to a learner with a disability, or the learner’s associate, who is harassed or victimised in relation to the learner’s disability

23. Harassment & victimisation con’t… Measures: • The provider having policies, procedures and codes of conduct explicitly prohibiting harassment and victimisation of learners with disabilities and of associates of learners with disabilities (DET SSNT Code of Behaviour) • Fair, transparent and accountable procedures for handling complaints (DET Complaints Policy, ) • Professional development programs that ensure that policies, procedures and codes of conduct are known and understood by staff and that the staff are trained to identify and deal with harassment For more measures refer to the Disability Standards for Education

24. Is this discrimination? A student who has a vision impairment had been bullied in relation to his use of assistive equipment for reading and that the school did not act quickly or fully to respond to this, leading them to change schools. Discuss in pairs: • Is this an example of discrimination Yes / No, and why? • Discuss what you would do as the principal of that school to address this matter?

25. Am I meeting the obligations of the standards … legal implicationspg 43 Disability Standards for Education guidance notes For sections 5.2: Participation, 6.3:Curriculum development, accreditation and delivery and 7.2Support services • consultation with the student (where appropriate)/ associate; • consideration of whether an adjustment is necessary; • if adjustment is necessary, identification of a reasonable adjustment; • Making the reasonable adjustment

26. NT Anti Discrimination Act Disability Discrimination Act Anti Discrimination Commission Australian Human Rights Commission Lodging a formal complaint

27. SSD Parents Teachers Principals What your responsible for Leadership and accountability Aligned Support Collaborative Processes Inclusive Teaching and Learning

28. Resources to support you: Students with Disabilities Policy and support materials