Transitional arrangements for the
National Disability Insurance Scheme
Submission from the Department of Education and Training to the Joint Standing Committee on the National Disability
Insurance Scheme
Opportunity through learning
Contents
Transitional arrangements for the National Disability Insurance Scheme ………………………………………3
Introduction……………………………………………………………………………………………………………………….3
The department………………………………………………………………………………………………………………….3
Access to early learning and child care………………………………………………………………………………………4
Funding and responsibilities for early learning and child care …………………………………………………..4
Inclusion Support Programme………………………………………………………………………………………………4
Relationship between the ISP and the NDIS………………………………………………………………………..6
Other relevant programs……………………………………………………………………………………………………..7
Child care delivered in the family’s home …………………………………………………………………………..7
Access to school education for students with disability……………………………………………………………….8
Funding and responsibilities for education …………………………………………………………………………….8
Obligations and role of education providers ……………………………………………………………………….8
School funding reforms ……………………………………………………………………………………………………….9
Calculating funding for students with disability …………………………………………………………………..9
Interaction with the NDIS …………………………………………………………………………………………………9
Access to tertiary education and training for people with disability…………………………………………….10
Funding and opportunities in tertiary education and training …………………………………………………10
National Disability Coordination Officer program………………………………………………………………11
Disabled Australian Apprentice Wage Support ………………………………………………………………….11
Employment Assistance Fund………………………………………………………………………………………….12
Higher Education Disability Support program ……………………………………………………………………12
Support for building the NDIS workforce …………………………………………………………………………………12
Addressing workforce shortages …………………………………………………………………………………………12
Funding and opportunities for the NDIS workforce ……………………………………………………………….13
Transitional arrangements for the
National Disability Insurance Scheme
Introduction
The Department of Education and Training (the department) welcomes the opportunity to make a submission to the Joint Standing Committee on the transitional arrangements for the National Disability Insurance Scheme (NDIS), as part of the committee’s inquiry into the implementation, performance and governance of the NDIS.
In preparing this submission, the department considered interactions between our programs and policies and the NDIS. This includes implications for national consistency, community inclusion and capacity building.
It will be important that all relevant Australian Government programs and policies aim for a seamless integration for children and students with disability. There are likely to be a number of intersections between NDIS individual plans and the adjustments provided to children and students within educational settings. Opportunities to create synergies across various elements of support should be identified and promoted. Individual education plans should complement NDIS plans in enabling support for participation in child care, school, vocational education and higher education, and to allow families to work in partnership with education providers and NDIS services providers.
The department supports the broader delivery of the NDIS and the oversight of the scheme provided by the National Disability Insurance Agency (NDIA) as well as the Department of Social Services (DSS).
The department
The department’s purpose is maximising opportunity and prosperity through national leadership on education and training. Through our national policy and programs, we aspire to maximise opportunities for learning and prosperity for current and future generations. We are motivated to always have a positive impact on the lives of individuals, on our communities, and on our nation.
The department leads the Australian Government’s efforts to strengthen social wellbeing and economic growth through better access to child care and quality early learning and schooling through to higher education and research, skills and training, and international education.
We are implementing the Government’s significant reform agenda, which includes major reform initiatives in child care, schooling and higher education, and a renewed focus on skilling Australians through apprenticeships and traineeships. This will include strengthening participation of disadvantaged groups, for example, supporting better outcomes from students from low socioeconomic status backgrounds, Indigenous students and students with disability.
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Access to early learning and child care
Early childhood is a critical period of intense learning, providing the foundation for later academic and social success, and children with disabilities should be given every opportunity to participate.
Inclusion of and access for children with a disability to early learning and child care opportunities is a shared responsibility. The early childhood and child care system provides support for the education and child care needs of children, including children with disability or developmental delay, while the NDIS funds supports that build an individual child’s functional capacity to participate in early learning.
Funding and responsibilities for early learning and child care
In relation to children with a disability, the NDIS funds early intervention supports – such as allied health or other therapies: for example speech therapy or physiotherapy - that improve a child’s functional capacity, or prevents deterioration of functioning. Individualised support to enable a child to attend an early learning service may be provided by the NDIS where a child has very significant and complex care needs that are beyond a reasonable expectation for early learning services to provide. An example might be a child requiring ventilation which must be supervised by a trained carer or nurse.
The department is responsible for national policies and programs relating to early learning and child care which support parents to enter and remain in the workforce, train or study, knowing that their children (including those with disability), are being provided with a quality early learning experience. State and territory governments have primary responsibility for approval and regulation of child care services under the National Quality Framework and other laws that apply to children.
Early learning and child care services also have responsibility for making reasonable adjustments and adaptations to programs to facilitate inclusion of all children.
The main source of Australian Government support is provided through child care fee assistance. From 2 July 2018 the new Child Care Subsidy will replace the existing Child Care Benefit and Child Care Rebate with a single means-tested subsidy paid directly to service providers to be passed onto parents. This will be supplemented by the new Child Care Safety Net which will provide targeted assistance to child care services in disadvantaged communities and also disadvantaged or vulnerable families and children, to address barriers in accessing child care.
Inclusion Support Programme
The Inclusion Support Programme (ISP) element of the Child Care Safety Net commenced on 1 July 2016. The ISP assists mainstream services to improve their capacity and capability to increase access and participation for children with additional needs, particularly children with a disability, into mainstream early childhood and child care services alongside their typically developing peers. The program also serves to support parents and carers of these children to participate in the workforce.
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For the purposes of ISP, children with additional needs include children with disability or experiencing developmental disadvantage which may include: those undergoing assessment for disability, Indigenous children, children from cultural and linguistically diverse backgrounds and children from a refugee or humanitarian intervention background. The program also supports children with serious medical conditions, language and speech delays and those presenting with challenging behaviours. Where a child has been accepted as an NDIS participant, this evidence is sufficient to access support through ISP.
In each state and territory, Inclusion Agencies are funded to assist eligible services in building their capacity and capability to provide and embed inclusive practice in their delivery of early learning and care programs and address barriers to inclusion experienced by children with additional needs. Support may include (but is not limited to):
site visits to services to assess care environments and existing inclusion capability and assist with reflective practice
practical advice and strategies on effective inclusive practice, including techniques for improvement and solutions to address particular barriers
facilitating access to the Specialist Equipment Library
reviewing and endorsing applications for support from the Inclusion Development Fund and
assistance to develop and/or review a tailored Strategic Inclusion Plan (SIP).
Services receiving support through the ISP develop a SIP which includes short and long term strategies for improving and embedding inclusive practice based on current service capability. The plan also identifies the need for other supports which are available through the Inclusion Development Fund (IDF) and/or the Specialist Equipment Library.
Each Inclusion Agency manages a Specialist Equipment Library for services in their jurisdiction to loan items of specialist equipment. Equipment available may include (but is not limited to):
portable ramps to create access to the environment
standing frames and full support swings to allow a child with high physical needs to participate in the daily program and activities
hoists, slings, harnesses, change tables, toilet sets or steps, potty chairs, mobile stools and seating or posture aids for educators to assist them to lift and transfer children safely when carrying out basic care functions such as changing or going to the toilet
specialised inclusion toys such as switch toys
specialised furniture such as chairs, tables, desk and positioning equipment
communication cards or charts, and Auslan dictionaries to enable the child and educators to communicate effectively.
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The IDF provides funding to assist services to address barriers to inclusion that cannot be resolved by the support of an Inclusion Agency or the Specialist Equipment Library. A Funds Manager assesses applications for funding and communicates outcomes to services.
The IDF funds the following supports to services:
Subsidy for an Additional Educator – provides funding to centre based services to subsidise the employment of an Additional Educator to increase the educator to child ratio in the care environment and to support the inclusion of a child (or children) with disability, with ongoing high support needs alongside their typically developing peers. Educators work as a team, including the Additional Educator, to meet the needs of all children within a care environment rather than providing one-to-one support for a child.
Family Day Care (FDC) Top Up – supports eligible FDC services to include children with disability or those with ongoing high support needs, by providing a fee top up payment where including the child results in the educator being unable to enrol the maximum number of children allowed under the National Law.
Subsidy for Immediate/Time-Limited Support – enables centre based services to immediately engage an Additional Educator for a time limited period, while an alternative and more stable solution is being determined. In most cases, this will be to include a child with disability (or undergoing assessment for disability), but may also include children presenting with challenging or disruptive behaviours where it is not yet possible for the service to determine if the behaviour is associated with disability, or if subsidy for an Additional Educator is required on an ongoing basis.
Innovative Solutions Support – assists early learning and child care services to fund innovative and flexible solutions to inclusion beyond those with disability, for example bicultural support.
Services can seek support from the ISP for all children eligible for child care subsidies.
Relationship between the ISP and the NDIS As part of their service delivery, Inclusion Agencies cooperate with relevant stakeholders, including NDIS services, to share knowledge and resources and encourage better service integration and collaboration.
Once the NDIS is fully implemented it will have a significant impact on the way families access support for children with disability. The NDIS funds supports to improve the functional capacity of the individual child, whereas the ISP supports child care services to make reasonable adjustments to facilitate inclusion of all children. It is therefore important that the department, families, ISP services, and disability service providers and the NDIA work closely together, capitalising on opportunities for collaboration to assist children, families and early learning and child care providers to understand the range of support available.
In particular, there is opportunity for ISP service providers to work collaboratively with the NDIA, Local Area Coordinators (LAC) and Early Childhood Early Intervention (ECEI) partners to ensure a
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coordinated approach to supporting families and children with disability or undergoing assessment of disability.
ISP providers can also work with the NDIA to develop a common understanding of the inclusion support provided under ISP and provide advice on how early intervention can best be provided in an early childhood setting. They may also assist the transition to the NDIS by using their networks to help to prepare the sector through communications and working collaboratively with stakeholders. An example of this collaboration is the Early Childhood Intervention Australia (ECIA) ‘Working Together Agreement’ available from the ECIA NSW/ACT website. This document is a resource that assists families, early childhood and child care providers and early childhood intervention practitioners to work collaboratively in the best interests of children and families.
Other relevant programs
Child care delivered in the family’s home The current In Home Care Program provides assistance and flexible child care to families who live in geographically isolated locations, work non-standard or variable hours, or where a child (or any other child with whom that child lives), has an illness or disability, or where the child’s parent, guardian (or partner) has an illness or disability that affects their ability to care for the child. One in five families currently in the In Home Care program has a child with a disability.
The In Home Care Program commenced in 2001, before the first trial of the NDIS took place. Due to the current In Home Care program criteria restricting the availability of child care places to specific families, including those with a child or parent with a disability, the interfaces between In Home Care and NDIS service provision are likely to overlap. While access to early education and child care should be the primary focus of In Home Care, the department is aware that in some instances, the program is being used to include respite care and/or to provide specialised care for a child with a significant disability who would be better and more appropriately assisted through the NDIS.
Families with a child with a disability may be attracted to using In Home Care because of the availability of the fully-subsidised Special Child Care Benefit payment in the current child care system.
As a result, the cost differential between the provision of assistance to families accessing In Home Care and NDIS services is in some cases marginal with the cost of an In Home Care educator being comparable to an NDIS service provider. Notably, 20 percent of current In Home Care services are also approved NDIS services.
As part of the new child care system from 2 July 2018, a new Child Care Subsidy is being introduced and families will be required to make a co-contribution to their child care fees. The Child Care Subsidy is designed to improve child care affordability while also placing downward pressure on child care fee growth. The transition to new arrangements occurring prior to the introduction of the Child Care Subsidy will likely result in some families transitioning from In Home Care to the NDIS. Arrangements for families that may be impacted by the new child care system will be put in place to ensure continuity of the appropriate support.
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As In Home Care is a ceasing program, a new care type is also being developed to provide child care in the family’s home from 2 July 2018. An evaluation of the In Home Care Program and the Nanny Pilot Program will inform the development of this care type. Program guidelines for the new care type will provide greater clarity between NDIS and early childhood and education child care service provider roles and responsibilities. Access to school education for students with disability
Improved school education for students with disability, social inclusion in the classroom, and successful transition from school to further education, training and employment will enable individuals with disability and their carers to have a happier, productive and more independent adult life.
The Australian Government has announced its Quality Schools reforms, which will ensure Commonwealth schools funding is transparent, equitable and needs-based. While it is not anticipated that changes to school funding for students with disability will have any implications for the NDIS, it will be important that parents and carers, schools, school authorities and NDIS providers are encouraged to work together to ensure students’ individual plans form part of a holistic approach. The individual education plan should complement the NDIS plan to ensure maximum benefits. One clear area in which synergies could exist would be where students with disability are attending work experience placements.
Funding and responsibilities for education
Obligations and role of education providers The Disability Standards for Education 2005 (the Standards), formulated under the Disability Discrimination Act 1992, are in place to ensure that students with disability can access and participate in education on the same basis as other students. The Standards explain the obligations of all education and training providers, for students with disability.
The Standards have provided a clear and consistent guide to determine responsibilities for provision of educational support and services to students with disability. The applied principles, agreed to by the Council of Australian Governments, provide an accurate reflection of the role of the NDIS and education providers consistent with this legislation.
Schools retain their existing obligations under the Standards to ensure access and participation for all students with disability, i.e., providing reasonable adjustments and implementing personalised learning and supports. Examples include modifying the curriculum to meet individual needs, learning support and assistance, classroom aides and equipment, school building modifications, and transport between school activities such as excursions.
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Given the responsibility for direct day-to-day delivery of school education sits with individual education authorities, any issues in relation to the application of these principles are likely to be raised by education authorities.
The Australian Professional Standards for Teachers make explicit the elements of high quality teaching. In addition, a national approach to the accreditation of initial teacher education has been in place since 2013, with revised national Accreditation Standards and Procedures agreed by education ministers in 2015. Both the Professional Standards and Accreditation Standards and Procedures include elements to support the participation and learning of students with disability. These key pieces of work have been led by the Australian Institute for Teaching and School Leadership (AITSL). Responsibility for ongoing professional development for teachers and other school staff rests with states and territories.
Following the 2014 Review of the Australian Curriculum, the COAG Education Council approved key areas of further work for the Australian Curriculum, Assessment and Reporting Authority (ACARA) to improve accessibility to the Australian Curriculum for all students, including students with disability. This work is currently underway, with ACARA engaging with experts and states and territories and their curriculum authorities. ACARA has also chaired a Students with Disability Advisory Group since 2011, which provides advice and expertise in relation to students with disability in the development of the Australian Curriculum and the national assessment framework.
School funding reforms
The Government is continuing to increase funding for schools, and will invest a record $247.2 billion in recurrent funding over the next ten years. Of this, an estimated $21.7 billion will be provided for the students with disability loading. On average, funding for school students with disability will grow by 5.9 per cent each year over the ten years to 2027.
Calculating funding for students with disability From 2018, the Government will continue to calculate funding with reference to a base amount plus loadings to target student and school disadvantage, including a loading for students with disability. The student with disability loading will be based on the levels of adjustment as set out in the Nationally Consistent Collection of Data on School Students with Disability (NCCD), which will mean fairer and better targeted funding for students with disability.
Under the NCCD model, teachers use their professional judgement based on evidence to determine the level of classroom adjustment that students with disability are being provided with, and the broad category of disability under which each student best fits. This approach is based on the principle that teachers, in consultation with clinical experts and families, are the best judge of what adjustment a student needs to learn and participate in class.
Interaction with the NDIS The NCCD and the NDIS use different methodologies to guide eligibility for funding – the NDIS uses disability type, impact and duration, while the NCCD uses level of classroom adjustment provided.
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While there would be significant overlaps, the cohort of students counted in the NCCD are not necessarily the same as those eligible for NDIS funding, and vice-versa.
Some students who are supported through the NDIS will not always need educational adjustments in the classroom. A student with a prosthetic leg, for example, could be eligible for support under the NDIS but may only require minimal, if any, adjustments to be made in the classroom. In contrast, a student who has a learning difficulty such as dyslexia may require intensive in-class support but may not qualify for support under the NDIS.
The NDIS should continue to assume responsibility for supports of daily living that a student would require whether or not they were at school (as set out in the Operational Guideline – Interface with School Education, January 2014).
In summary, a student with a disability would use the NDIS for supports associated with the functional impact of the student’s disability on their activities of daily living, such as personal care, transport to and from school. The NDIS will not be responsible for personalising either learning or support for students that primarily relate to their educational attainment (including teaching, learning assistance and aids, school building modifications and transport between school activities). The NCCD identifies the educational adjustments a student needs to access the same educational opportunities as other school students. Australian Government funding informed by the NCCD is one element of the support made available for students with disability within the school setting. State and territory governments are the primary funders of students with disability in the government sector, and in the non-government sector schools and systems use resources from all sources to meet the needs of their students. Access to tertiary education and training for people with disability
Tertiary education and training supports the aspirations of students and the needs of the current and future workforce, improves workforce participation and drives national productivity. Australia’s world-class education, training and research contribute to our global reputation as a leading study destination and our success as a global partner in international education and research collaboration.
Reasonable and necessary supports funded by the NDIS in terms of education and employment support people with a disability to pursue their goals, objectives and aspirations, increase their independence, increase social and economic participation, and develop their capacity to actively take part in the community.
Funding and opportunities in tertiary education and training
The Government promotes growth in economic productivity and social wellbeing through access to quality higher education, international education, and international quality research, skills and
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training. Reforms to funding for post-graduate, enabling and sub-bachelor qualifications will provide students with more choices than ever and allow them to find the right provider and right qualification to meet their higher education ambitions. In addition, the department supports the Government’s focus on skills and training with a focus on greater protection for students in the Vocational Education and Training (VET) sector.
Programs within the tertiary policy remit of the department that are available in addition to the funding and services delivered through the NDIS include: the national disability coordination officer program, disabled Australian apprentice wage support, employment assistance fund and the higher education disability support program.
National Disability Coordination Officer program
The Government’s National Disability Coordination Officer (NDCO) Program works strategically to assist people with disability access and participate in tertiary education and subsequent employment, through a national network of regionally based NDCOs.
The NDCOs work with stakeholders at the local level (including the NDIA and its partners) to reduce systemic barriers, facilitate smooth transitions, build links and coordinate services between the education, training and employment sectors. The NDCO Program adopts the Disability Discrimination Act 1992 definition of disability.
The NDCO Program objectives are to:
improve linkages between schools, tertiary education providers, employment service providers and providers of disability programs and assistance at all government levels
improve transitions for people with disability between school / community and tertiary education, and then to subsequent employment
improve participation by people with disability in tertiary education and subsequent employment.
Disabled Australian Apprentice Wage Support
Australian Apprentices with a disability and their employers may be eligible to receive Disabled Australian Apprentice Wage Support, an Australian Government wage subsidy which is paid to employers, and assists with tutorial, interpreter and mentor services for apprentices.
Currently, around 8,000 (three per cent) of Australian Apprentices have been identified as having a disability. One of the biggest challenges for the program in delivering effective support, is that it is driven by apprentices self-identifying their disability with their employer and their Australian Apprentice Support Network (AASN) provider.
There are well-documented reasons why those with a disability may choose not to self-identify with either their employer or their support network provider, including fear of exclusion, negative social attitudes, the possibility of marginalisation or jeopardising their employment opportunities.
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Employment Assistance Fund
Assistance is also available through the Employment Assistance Fund to help people with disability and mental health conditions through providing assistance to purchase a range of work-related modifications and services. Employers can access the scheme via JobAccess through Disability Employment Services or Jobactive organisations.
This assistance aims to help an Australian Apprentice with a disability, either directly or indirectly through their employer, to reach their full potential as a skilled worker and to ensure that they are not excluded from participation in the program. Information on all of support services can be accessed through the AASN providers.
Higher Education Disability Support program
The Higher Education Disability Support program (DSP) was announced in 2004 and commenced in
- The DSP provides eligible universities with supplementary funding to provide equipment and educational support that assists in reducing barriers to education for domestic students with disability.
Established under the Higher Education Support Act 2003, the DSP also funds the Australian Disability Clearinghouse on Education and Training, which is a website that provides information and other resources designed to promote inclusive teaching and learning practices for people with a disability. Support for building the NDIS workforce
The department’s tertiary education policy leadership contributes to a national understanding of labour market needs and standards, and maximises opportunity for students, apprentices and trainees to participate in quality education and training and to make informed choices along their education journey.
The department supports the broader delivery of the NDIS by supporting employers and individual apprentices and trainees with incentive payments to undertake training in occupations closely associated with services under the NDIS.
Addressing workforce shortages
The Government has undertaken significant reform of the training system to improve the quality, job outcomes and status of VET. These reforms are necessary to ensure the training system adapts to future skills needs and delivers skills that are aligned to workforce needs. Reforms are focused on enhancing industry leadership in the development of training products (to reflect emerging skills needs and support greater mobility between occupations), strengthening the apprenticeships system and supporting increased participation in high-quality training.
In the lead up to the implementation of the NDIS, the Government has been working with the sector to identify workforce needs and put in place strategies to address these needs. For the NDIS, and
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user choice reforms occurring in other human services sectors (e.g., aged care), the training system needs to address key issues in workforce development, including:
skills and attributes are valued over and above formal qualifications and training (except in areas such as mental health)
casualization of the workforce provides opportunities for sole traders, but limits investment in ongoing workforce development and retention
an understanding of user needs - both from providers and NDIS participants - is still building as both groups grapple with the impact and opportunities presented by enhanced user choice and client-centred service delivery (e.g., enhanced economic and social participation skills)
emerging areas where upskilling is required as the scheme expands
the transition pathway from other sectors into the emerging jobs in the disability sector
there is recognition of the need for localised solutions, and the NDIS presents opportunities for micro-enterprises that address specific needs to develop.
In its engagement with the states and territories on workforce, the department has been informed that issues that arise bilaterally or multilaterally should be shared to support cross-jurisdictional learning. Issues that arise cover regulatory approaches in an increasingly fractured market (e.g., quality) and responses to thin markets (e.g., government intervention in remote and very remote areas and the need for culturally competent providers).
From March 2014 to late 2016, the department provided $3.5 million and the sector contributed $124,514 for the Disability Workforce Innovation Network Innovative Project (DWIN). The project was established as it was identified that for enterprises to be NDIS ready, workforce planning and the identification of skills needs needed to be addressed before the new arrangements were introduced.
National Disability Services (NDS) was contracted to deliver the project and later took on the role of Project Manager. Through the DWIN, Workforce Advisers worked to develop workforce action plans in each state and territory; identify workforce planning training needs; share good practice and collect workforce data to identify gaps or inconsistencies. A workforce planning and profiling tool Workforce Wizard - was developed as part of the project and is freely available on the NDS website to assist providers identify workforce needs. As part of the project a recruitment toolkit for the disability services sector was developed with work being undertaken with Registered Training Organisations to improve the industry relevance of training.
Funding and opportunities for the NDIS workforce
Overall, the range of occupations necessary for the rollout of the NDIS are in high demand and have significant future growth potential.
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These occupations are thus eligible for a range of supports from the Australian Government to build the workforce in these fields:
VET Student Loans - NDIS-related diplomas on the approved courses list for the new VET Student Loans program allow students to access a loan to cover the fees for their training.
Skilling Australians Fund - up to $1.5 billion from the Commonwealth over four years to support apprenticeships in occupations in high demand or with future growth potential.
Sub-bachelor programs - the Review of the Demand Driven Funding System found that the demand driven system had responded effectively to most skills shortages. As the report notes, “the key to success is the ability of students to make informed choices about where their interests lie, and the flexibility of providers to respond to these choices in the light of information from employers, and to connect the two so that a satisfactory ‘fit’ can be obtained.” (p. 21) Recognising the benefits of demand driven funding, the Government has extended it to approved sub-bachelor courses. To be eligible for demand driven funding, the course must have been developed with a focus on industry needs and fully articulate into related bachelor programs.
Australian Apprenticeships Incentives Program - the department also provides funding for employers to take on an Apprentice in NDIS-related industries. This program provides incentives to employers to take on, and see through to completion, an apprentice or trainee in fields that are on the National Skills Needs List occupations (NSNL). In addition to NSNL occupations, disability care workers and enrolled nurses are specifically targeted for priority support. Since the NDIS was announced in 2012, the Australian Government has provided just under $25 million dollars in incentives to employers through the AAIP to support these two occupations. As at 11 July 2017, this funding went to over 1,100 employers, and helped train around 8600 disability workers and 800 enrolled nurses. As at 31 December 2016, there were 1,100 apprentices and trainees training towards a qualification in disability care or enrolled nursing.
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