Legislative requirements that support participation and learning of students with disability.
LEGISLATION
Disability Discrimination Act (1992)
Source: Australian Human Rights Commission n.d.,
Disability discrimination, Australian Human Rights
Commission, viewed 2 August 2020,
<https://humanrights.gov.au/our-
work/employers/disability-discrimination>.
Disability Standards for Education
(2005)
Source: Department of Education, Skills and
Employment 2020, The Disability Standards for
Education 2005, Australian Government, viewed 2
August 2020,
<https://www.education.gov.au/disability-
standards-education-2005>.
United Nations Convention on the
Rights of Persons with Disabilities
Source: United Nations n.d., Convention on the
Rights of Persons with Disabilities (CRPD), United
Nations, Department of Economic and Social
Affairs Disability, viewed 2 August 2020,
<https://www.un.org/development/desa/disabiliti
es/convention-on-the-rights-of-persons-with-
disabilities.html>.
Lewanna Hampel
What does it say?
• Provides protection against discrimination based on
disability.
• Seeks to eliminate, as far as possible, discrimination
against people with disability in a range of areas,
including education.
• Makes it illegal to discriminate against a person on
the grounds of disability.
• Students with Disabilities (SWD) deserve to access
and participate in education on the same basis as
their peers.
• Clarifies and elaborates on the legal obligations of
educators towards students with a disability under
the Disability Discrimination Act (1992).
• Outlines that educators must implement
reasonable adjustments to ensure that a student
with a disability can access and participate on the
same basis as a student without a disability.
• Emphasises move to viewing persons with
disabilities as individuals who are capable of
claiming their rights, making their own decisions
and being active society members, rather than as
objects of charity and social protection.
• Stresses that all individuals with a disability should
enjoy all human rights.
What does it mean for education?
• Students with Disabilities have the right to complete
their schooling within a regular school (instead of a
specialist setting) if that is what they and their parents
choose.
• There should be NO discrimination against students on
the grounds of disability.
• Educators must advocate for students with a disability
within their classroom and on a whole school level, i.e.
speak up if they observe/overhear discrimination.
• Educators must constantly reflect critically on their
practice to ensure they are making reasonable
adjustments to support the participation of students with
a disability.
• If a student with a disability cannot participate for some
reason, educators must critically consider what barriers
limit the students’ participation instead of focusing on
the student’s lack of ability.
• Educators must advocate for changes at a whole school
level to support the participation of students with a
disability.
• View students with disabilities as capable individuals:
capable of making decisions for themselves.
• Involve students with disabilities in decision making
regarding themselves as they know what they are
capable of – DO NOT ASSUME! – and can likely make
suggestions about how they can participate.
02/08/2020
Melbourne Declaration on
• Goal 1: Australian schooling promotes equity and
Educational Goals for Young
Australians (2008)
Source: Ministerial Council on Education, Training
and Youth Affairs 2008, Melbourne Declaration on
Educational Goals for Young Australians, viewed 2
August 2020, <
http://www.curriculum.edu.au/verve/_resources/
National_Declaration_on_the_Educational_Goals_
for_Young_Australians.pdf>.
excellence
o All Australian school sectors must provide
all students with access to high-quality
schooling that is free from discrimination
based on… disability…
o All Australian school sectors must reduce
the effects of other sources of
disadvantage, such as disability
• Take incidents of discrimination seriously - consider how
they could have been prevented and implement
strategies to prevent them from occurring again.
• Discuss incidents of discrimination sensitively with
involved students so that they are supported and do not
experience continued barriers to participation.
• Discuss with students with a disability what barriers
affect their participation to reduce the effects of these.

South Australia Equal Opportunity
Act (1984)
Source: Equal Opportunity Commission 2020,
Equal Opportunity Act, Equal Opportunity
Commission, viewed 2 August 2020,
<https://eoc.sa.gov.au/resources/discrimination-
laws/south-australian-laws/equal-opportunity-
act>.
• Aims to give all people a fair chance to participate
in their society by promoting equality of
opportunity.
• Outlies that in South Australia, it is unlawful to
discriminate because of a range of factors, including
disability. • See above points.
• Outlines that discrimination is against the law when
someone, as a result of discrimination, is denied
access or refused services, loses an opportunity or
feels humiliated, embarrassed and ridiculed.

The Australian Curriculum •

Source: Australian Curriculum, Assessment and
Reporting Authority (ACARA) 2016, Meeting the
Needs of Students with a Disability, Australian
Curriculum, viewed 2 August 2020,
<https://www.australiancurriculum.edu.au/resour
ces/student-diversity/meeting-the-needs-of-
students-with-a-disability/>.
• Supports inclusive learning by striving to develop
‘rigorous, relevant and engaging learning
programs… that address [all students’] individual
learning needs’.
• Outlines that planning, teaching and learning should
focus on students’ individual strengths and abilities.
• Emphasises that personalised learning plans should
be developed for students with a disability and
outlines considerations for these plans.
Get to know students and understanding their individual
learning needs and abilities so that these can be
appropriately supported in learning and opportunities for
participation are increased.
• Focus on students’ abilities and how these may offer
alternate paths for participation, i.e. typing rather than
handwriting.

Lewanna Hampel 02/08/2020