Your Child’s Rights in School

Knowing your child’s rights at school helps ensure they receive the learning experiences that 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 in 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 (e.g., excursions) 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.

What protects your child’s rights in education?

The Disability Discrimination Act (1992), or DDA, is the main law that protects your child’s rights. The DDA requires that schools 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. Education settings include: 

• Kindergartens or preschools 
• Government schools 
• Non-government, or independent schools 

The DSE explain the rights of students and how to ensure they get them. The standards state the legal obligations of schools and education settings to make sure that students with disability can join in educational courses and 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 course or program 
• Participate in learning experiences
• Use support services, including specialised services, such as an aide or therapist

If your child is considered to have a disability, the DDA and DSE apply. Section 4 of the DDA defines ‘disability’ quite broadly, and importantly, your child does not need a formal diagnosis for these protections to apply. 

What are reasonable adjustments?

Schools should make reasonable adjustments, which are changes 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 adjustments to help their students to join in.  

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 

The adjustments should always be discussed with either the parent or carer and where possible, the student.  

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. 

When can a school refuse an adjustment? 

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.  

Who to speak to if your child’s rights aren’t being met

If you think your child’s rights are not being met, you should raise this with the school as early as possible. 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. 

Who to speak to beyond the school 

If you are not satisfied with the response, you can seek additional support, from your local education office’s Learning and Wellbeing team. 

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. 

Helpful resources

Disability Discrimination Act 1992 

Disability Standards for Education 2005 

Explaining the Disability Standards for Education Department of Education, Australian Government 

Steps to raise concerns and resolve a complaint with your school Department of Education, Australian Government