Dear Disability Discrimination Act Review Committee,
I work in the disability advocacy sector and I know from the stories our clients and community share with us that the education system is failing kids with disability and our community at large. Discrimination in schools is rampant. Current and future kids with disability need and deserve better from their law makers, representatives and educators.
I care about disabled people being able to access quality education at all stages of life — from childcare and school to tertiary education. I’m making this submission because I believe every student deserves the right to learn in an inclusive environment. I support the A Right to Learn campaign’s call for suspensions and exclusions to be used only as a last resort.
Students with disability should be learning alongside their peers, not separated from them.
Protect the right to learn:
Section 22(2)(b) of the Disability Discrimination Act 1992 (Cth) should be amended to cover ‘suspension and exclusion’ as well as expulsions.
The Disability Discrimination Act 1992 (Cth) and associated Disability Standards for Education should be amended to require education authorities avoid exclusionary discipline unless it is necessary as a last resort to avert serious harm to the student, other students, or staff.
I urge the government to strengthen the Act so that students with disability — and all students — have the right to learn together.
Please see direct answers to the four questions asked by the review below.
Q - Should the concepts of exclusion and exclusionary discipline be defined in the Disability Discrimination Act?
Yes, section 22(2)(b) of the Disability Discrimination Act 1992 (Cth) should be amended to cover ‘suspension and exclusion’ as well as expulsions. Further consideration should be given to protecting against all exclusionary practices for students with disability.
Q: Should there be exceptions or limits on when exclusion is unlawful?
The Disability Royal Commission recommended avoiding the use of exclusionary discipline on students with disability unless exclusion is necessary as a last resort to avert the risk of serious harm to the student, other students or staff.
The revised Act should state:
Before using exclusionary discipline on students with disability, educational authorities should be required to:
(a) consult with the student with disability and their supports;
(b) consider all available and appropriate alternative adjustments, measures or actions;
(c) consider the impact of exclusionary discipline on the best interests of the student and their right to education; and
(d) consider the student’s disability, needs and age, and the particular effects of exclusionary discipline for young children.
Provisions should also be made to ensure:
(a) a duty on principals to report the repeated use of exclusionary discipline involving a student with disability to an escalation point within educational authorities for independent case management;
(b) a robust review or appeals process for with supports for students with disability and their families or carers;
(c) students with disability have access to educational materials appropriate to their educational and behavioural needs while subject to exclusionary discipline;
(d) students with disability are supported to re-engage in education post exclusion;
(e) the creation and retention of documentation describing consultation and consideration; and
(f) the student is provided with reasons for the decision to use exclusionary discipline.
Q. Should any of the state and territory provisions relating to exclusionary discipline be adopted in the Disability Discrimination Act?
No. None of the current state and territory laws in Australia provide the higher level of protection recommended by the DRC.
Q. Would a different approach to exclusionary discipline be more appropriate in the higher education and vocational education and training sectors?
An approach aligned with the Disability Royal Commission recommendations should be considered.
Please strengthen the Act so students with disability and all students can fully exercise their right to learn.