Your Child’s Rights in Education
Knowing your child’s rights in education helps ensure that your child receives the learning experiences they deserve. All students – with or without disability – should be treated without discrimination. They should be welcomed as valued members of the school community and empowered to participate fully in school life.
What are your child’s rights at school?
A right is a power, privilege, claim or agreement that a person has under Australian law.
As a parent or carer for a child with disability, it is important to know your child’s rights under the law.
When it comes to education, students with disability have the right to enrol in school on the same basis as students without disability. This means schools cannot discriminate against students with disability.
‘Discrimination’ occurs when a person treats a person with disability less favourably than they would treat a person without disability in similar circumstances.
Students with disability also have the right to take part in educational experiences on the same basis as students who do not have disability. The ‘same basis’ means in a way that is the same or similar to their peers. An example of this is an excursion.
What are the laws that protect your child?
The Disability Discrimination Act (1992), or DDA, is the main law that protects these rights. The DDA requires that education settings (primary and early childhood) comply with the Disability Standards for Education (2005), also known as the DSE. This law applies to everyone in Australia. All education settings must follow the DSE, including:
- Kindergartens or preschools
- Government, or public, schools
- Non-government, or independent, schools
(The DSE does not currently cover childcare settings.)
The DSE explains the rights of students and how to ensure they get them. The standards state the legal obligations of schools and education providers to make sure that students with disability can join in educational programs on the same basis as other students.
Students with disability have the same right as students without disability to:
- Apply to enrol with an educational provider
- Participate in a program or learning experience
- Use support services, including specialised services, such as an aide or therapist.
The definition of ‘disability’ under the DDA is quite broad. Importantly, your child does not need a diagnosis for the DDA and DSE to apply. If your child is considered to have a disability, the DDA and DSE apply.
What are reasonable adjustments?
If necessary, schools should make changes – or accommodations – to ensure a student can take part in learning. An important part of this is that students have the right to take part in learning in a way that is the same or similar to their peers.
Schools must make accommodations to help their students to join in.
These changes or accommodations should always be discussed with either the student or their parent or carer.
Accommodations are called ‘reasonable adjustments’ in the DSE.
Reasonable adjustments might include:
- Making changes to the curriculum
- Different teaching strategies
- Changes to the classroom environment
- Access to materials
- Changes in how things are done (e.g., movement or rest breaks)
- Accessing support staff
Schools generally have to make any change that is reasonable. Adjustments will look different for each student and what is thought of as reasonable will differ for each context.
Any adjustments that the school agrees to must be made within a reasonable time frame.
Also it is the responsibility of the school – not the parent or carer – to fund and arrange reasonable adjustments, unless they can demonstrate unjustifiable hardship.
What is unjustifiable hardship?
If an adjustment would create too much of a burden on the school, staff or students – known as ‘unjustifiable hardship’ in the DSE – they do not have to make it. The school must show that the adjustment would cause an undue burden or hardship.
For further information on reasonable adjustments and the Disability Standards for Education, see ‘Explaining the Disability Standards for Education’ by Department of Education, Australian Government.
What to do if your child’s rights aren’t being met
If you think your child’s school is not following the DSE, you should raise this with them as early as possible. Before you raise your concern, it’s a good idea to research their complaints process.
You may decide to raise your concern with:
- The class teacher
- The stage coordinator or head of learning support
- The principal
When raising concerns, it’s often more effective to focus on practical solutions rather than starting with discussions about rights.
If you are not satisfied with the response, you can choose to escalate the matter to the group or organisation that is in charge of the school.
If your child is at a government school, you will need to contact the state Department of Education. Note that this step is different for non-government schools, such as Catholic or independent schools. If you are unsure who to contact to raise your concern, you can ask the school for this information.
If you are not satisfied with their response, you can choose to escalate the matter with another authority. This might include the Australian Human Rights Commission or the anti-discrimination authority in your state or territory.
More information
- The Disability Discrimination Act
- Disability Standards for Education
- Department of Education: Steps to Raise a Concern