Disability Standards for Education 2005 - In Depth Notes

Disability Standards for Education 2005 - In Depth Notes

Introduction

• Formulated under the Disability Discrimination Act 1992.

• Aim: Eliminate discrimination in education for individuals with disabilities.

• Highlights the rights of students with disabilities to equal education opportunities.

• Legal obligations set out to ensure education accessibility for all students.

• Compliance can be monitored through complaints to the Human Rights and Equal Opportunity Commission.

Part 1: Preliminary

• 1.1 Name of Standards: Identifies as the Disability Standards for Education 2005.

• 1.2 Commencement: Standards come into effect when specific provisions of the Act are applied.

• 1.3 Objects:

  • Eliminate discrimination in education based on disability.

  • Ensure equal rights in educational opportunities.

  • Promote community acceptance of rights of individuals with disabilities.

• 1.4 Definitions: Key terms defined, including:

  • Adjustment: Action taken to assist a student with a disability.

  • Discrimination: Corresponds with legal definitions in the Act.

• 1.5 Compliance: Education providers, including schools and universities, must adhere to these standards.

Part 2: Meaning of Important Terms

• 2.1 Education Providers: Entities or individuals responsible for providing education.

• 2.2 On the Same Basis: Individuals with disabilities must have equality in access to education without discrimination.

Part 3: Making Reasonable Adjustments

• 3.1 Application: Guidance on identifying reasonable adjustments for students.

• 3.4 Reasonable Adjustments: Considerations that encompass:

  • Student’s specific needs and circumstances.

  • Input from the student or their associate on what adjustments might work best.

• 3.5 Consulting the Student: Providers must engage with the student to ascertain necessary adjustments.

• 3.8 Relation to Premises Standards: Adjustments must also align with building accessibility standards.

Part 4: Standards for Enrolment

• 4.1 Application: Standards applied to prospective students with disabilities.

• 4.2 Enrolment Standards: Providers must ensure:

  • Comparable opportunities for enrolment as students without disabilities.

  • Reasonable adjustments made to facilitate this process.

  • Consultation with prospective students regarding their needs.

Part 5: Standards for Participation

• 5.1 Application: Standards for students currently enrolled in education.

• 5.2 Participation Standards: Institutions need to:

  • Ensure students participate in courses on the same basis as peers.

  • Further, consult to determine ongoing needs as they may change.

Part 6: Standards for Curriculum Development, Accreditation and Delivery

• 6.1 Application: Relevant for all courses or programs provided by education providers.

• 6.2 Standards: Must ensure courses are accessible to students with disabilities.

• 6.3 Measures: Implementation of inclusive teaching and assessment methods.

Part 7: Standards for Student Support Services

• 7.1 Application: Pertains to the support provided to enrolled students.

• 7.2 Standards: Enable equal access to support services necessary for participation.

• 7.3 Measures: Include training for staff and availability of resources tailored to individual needs.

Part 8: Standards for Harassment and Victimisation

• 8.1 Meaning of Harassment: Defined broadly to include any action likely to distress individuals with disabilities.

• 8.2 Application: Institutions must maintain a harassment-free environment for all students.

• 8.3 Standards: Must actively work to prevent harassment through policy and education.

Part 9: Treatment of a Person Who Has an Associate with a Disability

• Ensures protections against discrimination extend to those who have a relationship with a person with a disability.

Part 10: Exceptions

• 10.2 Unjustifiable Hardship: Providers are not liable to meet standards if compliance imposes undue burden.

• 10.5 Special Measures: Exceptions for specialized education interventions for students with disabilities.

Part 11: Review

• 11.1 Timetable for Review: Review of these standards within 5 years of implementation and every subsequent 5 years thereafter to assess effectiveness and necessary amendments.

The Disability Standards for Education 2005 detail practical applications of legal frameworks in various sections:

• Compliance Monitoring: Institutions are responsible for adhering to these standards, and compliance can be evaluated through complaints directed to the Human Rights and Equal Opportunity Commission.

• Making Reasonable Adjustments (Part 3): Education providers must identify and implement reasonable adjustments in consultation with students to meet their specific needs, ensuring access to education without discrimination.

• Standards for Enrolment (Part 4): Institutions are required to provide equivalent enrolment opportunities for students with disabilities and facilitate their entry through reasonable adjustments.

• Participation Standards (Part 5): Students must be enabled to participate in courses on the same basis as their peers, highlighting the need for ongoing consultation about their needs.

• Student Support Services (Part 7): Institutions must ensure that support services are accessible to all students, aligning resources and training to cater to individual needs.

• Harassment and Victimization (Part 8): Educational institutions are mandated to maintain a harassment-free environment and actively implement policies to prevent such incidents.

• Exceptions (Part 10): While standards are mandatory, there are provisions for unjustifiable hardship, acknowledging that some compliance might impose an undue burden on education providers.

There are several tensions between legal compliance as outlined in the Disability Standards for Education 2005 and real-world constraints:

• Resource Limitations: Educational institutions may struggle with limited financial and human resources, making it challenging to implement required adjustments and support services effectively.

• Awareness and Training: There may be a lack of awareness or inadequate training among staff regarding the standards and how to fulfill them, leading to unintentional non-compliance.

• Individual Needs Assessment: Identifying the specific needs of students with disabilities can be complex, and what is deemed a reasonable adjustment may vary, causing inconsistencies in how different institutions apply the standards.

• Unjustifiable Hardship: While there are provisions for unjustifiable hardship, institutions may find it difficult to balance compliance with operational demands while needing to mitigate additional burdens on the institution.

• Cultural and Institutional Resistance: In some cases, there may be cultural attitudes or institutional inertia that impede the adoption of inclusive practices, creating resistance to necessary changes that align with legal standards.